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| UNITED STATES OF AMERICA, f 































































































































































A COMPILATION 



LAWS RELATING TO ELECTIONS 

CITIZENSHIP AND NATURALIZATION, 




NOW IN FORCE IN THE 


STATE OE CALIFORNIA. 


v 


,.y : 




' 






INCLUDING THE CONSTITUTIONAL AND STATUTORY 
PROVISIONS RELATING THERETO ; ALSO, THE 
POLITICAL DIVISIONS OF THE CITY AND 
COUNTY OF SAN FRANCISCO. 

By ALFRED CLARKE, 

Attorney and Counselor at Law. 



Published by the Board of Supervisors of the City 


















S' 


Entered according to Chapter 3, Title LX, of “The Revised Statutes of 
the United States,” in the year 1877, by 

ALFRED CLARKE, 

In the office of the Librarian of Congress, at Washington, D, C, 


THIS COMPILATION 


PRESENTS IN COMPACT FORM 


THE LAWS RELATING TO ELECTIONS, 


CITIZENSHIP AND NATURALIZATION, 


AS FOUND EN 


THE CONSTITUTION OF THE UNITED STATES, 
THE TREATY WITH MEXICO, 

THE REVISED STATUTES OF THE UNITED STATES, 
THE CONSTIUTION OF THE STATE OF CALIFORNIA 
THE LAWS OF THE STATE OF CALIFORNIA, 

THE ORDERS OF THE BOARD OF SUPERVISORS 


OF THE CITY AND COUNTY OF SAN FRANCISCO. 


ANALYSIS OF CONTENTS 


-: o:- 

TABLES, 

SHOWING THE WARDS AND PRECINCTS IN THE SENATORIAL AND JUDICIAL 
DISTRICTS IN THE CITY AND COUNTY OF SAN FRANCISCO. 

M A PIS, 

SHOWING THE SENATORIAL AND JUDICIAL DISTRICTS., ALSO THE WARD 
AND PRECINCT OF THE CITY AND COUNTY OF SAN FRANCISCO. 


EPITOME. 


EXTRACT FROM DECLARATION OF INDEPENDENCE. 

Source of Power. 


EXTRACT FROM CONSTITUTION OF THE UNITED 

STATES. 

PREAMBLE. 

LEGISLATIVE POWER. 

EXECUTIVE POWER. 

JUDICIAL POWER. 

MISCELLANEOUS. 





ANALYSIS OF CONTENTS. 


V. 


LEGISLATIVE POWER 

Congress. 

House of Representatives. 

Qualifications of Representatives. 

Vacancies. 

The Senate of the United States—How Composed, etc. 

Terms, Allotments, Vacancies 
Qualifications of Senators. 

Times, Places, and Manner of Choosing, Senators and Repre¬ 
sentatives. 

Returns, qualifications, etc. 

EXECUTIVE POWER. 

President and Vice-President. 

Appointment of Presidential Electors. 

Election of President and Vice-President. 

Congress may determine time of choosing Electors, etc. 
Qualifications of President, etc. 

JUDICIAL POWER. 

Supreme Court—Inferior Courts. 

Appointment of Judges of Supreme Court. 


MISCELLANEOUS. 


Privileges and immunities of citizens. 

National Constitution, laws and treaties are supreme laws. 

Oath to support Constitution required—Religious test prohibited. 
Citizenship defined—Privileges of citizens shall not be abridged, 
etc. 

Apportionment of representation. 

Disqualification of certain persons. 

Right of citizen to vote. 


EXTRACT FROM TREATY WITH MEXICO. 

Privileges of Mexicans. 

Citizenship of Mexicans. 

Admission of Mexicans to Citizenship. 


EXTRACTS FROM THE REVISED STATUTES OF THE 

UNITED STATES. 

Apportionment and Election of Representatives. 

Contested Elections. 

Presidential Elections. 

Civil Rights. 

Citizenship. 

The Elective Franchise. 

N ATUR ALIZ ATION. 

Crimes Against the Operation of 1 the Government. 

Crimes Against the Elective Franchise and Civil Rights of 
Citizens. 





Yl. 


ANALYSIS OF CONTENTS. 


Apportionment and Election of Representatives. 


Section 20. 

21 . 

22 . 

23. 

24. 

25. 

26. 
27. 


Number and Apportionment of Representatives. 
Representatives assigned to New States. 

Reduction of Representation under Amendment 14. 
Election by Districts. 

Representative from California in Forty-fourth Congress. 
Time of Election. 

Vacancies. 

Votes by ballot. 


Contested Elections. 


Section 105. 
106. 

107. 

108. 

109. 

110 . 
111 . 
112 . 

113. 

114. 

115. 

116. 

117. 

118. 

119. 

120 . 
121 . 
122 . 

123. 

124. 

125. 

126. 

127. 

128. 

129. 

130. 


Notice of intention to contest. 

Time for answer. 

Time for taking testimony. 

Notice of depositions; Service. 

Testimony taken at several places at same time. 

Who may issue subpoenas. 

What the subpoena shall contain. 

When Justices of the Peace may act. 

Depositions by consent. 

Service of subpoena. 

Witnesses need not attend out of the county. 

Penalty for failing to attend or testify. 

Witnesses outside of district. 

Party notified may select an officer. 

Depositions taken by party or agent. 

Examination of witnesses. 

Testimony, to what confined. 

Testimony, how written out and attested. 

Production of papers. 

Adjournments. 

Notice, etc., attached to depositions. 

Copy of notice and answer to accompanying testimony. 
How testimony to be sent to Clerk of House; how opened. 
Fees of witnesses. 

Fees of officers. 

Expenses of contest. 


Section 131. 

132. 

133. 

134. 

135. 

136. 

137. 

138. 

139. 

140. 

141. 

142. 

143. 

144. 

145. 

146. 

147. 

148. 

149. 


Presidential Elections. 

Time of appointing Electors. 

Number of Electors. 

Vacancies in Electoral College. 

Failure to make a choice on the appointed day. 

Meeting of Electoral College. 

List of names of Electors to be furnished to them. 

Manner of voting. 

Certificates to be made and signed. 

Certificates to be sealed and indorsed. 

Transmission of the certificates. 

When Secretary of State shall send for District Judge’s list. 
Counting the Electoral votes in Congress. 

Provision for absence of President of the Senate. 

Mileage of Messengers. 

Forfeiture for Messengers’ neglect of duty. 

Vacancy in both offices. 

Notification of vacancies to be published. 

Requisites of the notification. 

Time of holding election to fill vacancy. 


ANALYSIS OF CONTENTS. 


Vll. 


Section 150. 
151. 


Section 1980. 

1981. 

1982. 

1983. 

1984. 

1985. 


Section 1992. 

1993. 

1994. 

1995. 

1996. 

1997. 

1998. 


Section 2002. 

2003. 

2004. 

2005. 

2006. 

2007. 

2008. 

2009. 

2010. 
2011. 

2012. 

2013. 

2014. 

2015. 

2016. 

2017. 

2018. 

2019. 

2020. 
2021. 
2022. 

2023. 

2024. 

2025. 

2026. 

2027. 

2028. 

2029. 

2030. 

2031. 


Regulations for quadrennial election made applicable to election 
to fill vacancies. 

Resignation or refusal of office. 


Civil Rights. 

Conspiracy. 

Action for neglect to prevent conspiracy. 

District Attorney, etc., to prosecute. 
Commissioners. 

They may appoint persons to execute warrants, etc. 
Marshals to obey precepts, etc. 


Citizenship. 

Who are citizens. 

Citizenship of children of citizens born abroad. 

Citizenship of married women. 

Of persons born in Oregon. 

Rights as citizens forfeited for desertion, etc. 

Certain soldiers and sailors not to incur the forfeitures of the 
last Section. 

Avoiding the draft. 

The Elective Franchise. 

Bringing armed troops to places of election. 

Interference with freedom of election by officers of Army or 
Navy. 

Race, color, or previous condition not to affect the right to 
vote. 

Nor the performance of any prerequisite. 

Penalty for refusing to give full effect to preceding section. 
What shall entitle a person to vote. 

Penalty for wrongfully refusing to receive a vote. 

For unlawfully hindering a person from voting. 

Remedy for deprivation of office. 

In cities or towns of over 20,000 inhabitants, upon written ap¬ 
plication of two citizens, the Circuit Judge to. open Court. 
Supervisors of election. 

Court to be kept open. 

District Judge may perform duties of Circuit Judge. 
Construction of preceding section. 

Duties of Supervisors of elections. 

Attendance at elections. 

To personally scrutinize and count each ballot. 

Their positions. 

When molested. 

Special deputies. 

Duties of Marshals. 

Persons arrested to be taken forthwith before a Judge, etc. 
Assistance of bystanders. 

Chief Supervisors of elections. 

Their duties. 

Marshals to forward complaint to Chief Supervisors. 
Supervisors and Deputy Marshals to be qualified voters, etc. 
Certain Supervisors not to make arrests, etc. 

No more Marshals or Deputy Marshals to be appointed than 
now authorized. 

Pay of Supervisors. 


Vlll. 


ANALYSIS OF CONTENTS. 


Section 2165. 
2166. 

2167. 

2168. 

2169. 

2170. 

2171. 

2172. 

2173. 

2174. 


Naturalization. 

Aliens, how Naturalized. 

Aliens, honorably discharged from Military Service. 

Minor Residents. 

Widow and Children of Declarants. 

Aliens of African Nativity and Descent. 

Residence of five years in the United States. 

Alien Enemies not Admitted. 

Children of Persons Naturalized under certain Laws to be 
Citizens. 

Police Court of District of Columbia has no Power to Natu¬ 
ralize Foreigners. 

Naturalization of Seamen. 


Crimes against the Operation of the Government. 


****** 


Section 5424. 

5425. 

5426. 

5427. 

5428. 
5429 


False personation, etc., in procuring naturalization. 

Using false certificates of .citizenship, etc. 

Using false certificates, etd., as evidence of a right to vote. 
Aiding or abetting violation of preceding sections. 

Falsely claiming citizenship. 

Provisions applicable to all Courts of naturalization. 


Crimes against the Elective Franchise and Civil Rights of 

Citizens. 


Section 5506. 

5507. 

5508. 


5509. 


5510. 

5511. 

5512. 

5513. 

5514. 


5515. 

5516. 

5517. 

5518. 


5519. 


5520. 

5521. 

5522. 

5523. 

5524. 


5525. 

5526. 

5527. 

5528. 

5529. 


Preventing, etc., citizens from voting. 

Intimidating voters by bribery or threats. 

Conspiracy to injure or intimidate citizens in the exercise of 
civil rights. 

Other crimes committed while violating the preceding sec¬ 
tions. 

Depriving citizens of civil rights under color of State laws. 

Fraudulent voting, etc., at elections for Representative to 
Congress. 

Fraudulent registration, etc. 

What deemed a registration under last section. 

Voting or offering to vote in certain cases prima facie evi¬ 
dence, etc. 

Violation of duty by officers of election. 

Obstructing execution of process in civil rights cases, etc. 

Marshal refusing to receive or execute process. 

Conspiracy to prevent accepting or holding office under 
United States, etc. 

Conspiracy to deprive any person of the equal protection of 
the laws. 

Conspiracy to prevent the support of any candidate, etc. 

Supervisor of Election, etc., neglecting to discharge duties. 

Interfering with Supervisor of Election, Marshals, or Depu¬ 
ties. 

Obstructing verification of registration lists, etc. 

Receiving or carrying away any person to be sold or held as 
a slave. 

Kidnapping. 

Holding or returning persons to peonage. 

Obstructing execution of laws prohibiting peonage. 

Uolawful presence of troops at elections. 

Intimidation of voters by officers, etc., of Army or Navy. 


ANALYSIS OF CONTENTS. 


IX. 


Section 5530. 

5531. 

5532. 


Officers of Army or Navy prescribing qualifications of 
voters. 

Officers, etc., of Army or Navy interfering with officers of 
election, etc. 

Disqualification for holding office. 


EXTRACTS FROM THE CONSTITUTION OF THE 
STATE OF CALIFORNIA. 

Preamble. 

General Provisions. 

Legislative Power. 

Executive Power. 

Judicial Power. 

Miscellaneous. 

GENERAL PROVISIONS. 

Inalienable rights. 

Poplar government. 

Apportionment of representation. 

Who are or may be Electors. 

Privileges of Electors. 

Militia duty. 

Residence. 

Idiot, insane. 

Elections by ballot. 

Departments of Govei-nment. 

LEGISLATIVE POWER. 

Senate and Assembly. 

Sessions of Legislature. 

Election and terms of Assemblymen. 

Qualification of Senators and Assemblymen. 

Election and terms of Senators. 

Number and classes of Senators. 

Inelegibility to office. 

Apportionment of Legislators. 

Congressional, Senatorial and Assembly Districts. 

EXECUTIVE POWER. 

1 

Governor supreme Executive. 

Election and term of Governor. 

Qualification of Governor. 

Returns of election. 

Other officers of State. 

Election of State officers. 

JUDICIAL POWER. 

Judicial power vested in certain Courts. 

Supreme Court. 

Election of Justices of Supreme Court. 



X. 


ANALYSIS OF CONTENTS. 


Judicial District, District Judges. 

County Courts, County Judges, Probate Judge. 

Justice of the Peace, etc. 

Recorders and other inferior Municipal Courts. 
MISCELLANEOUS. 

Legislature may provide for election of certain officers. 
Superintendent of Public Instruction. 

Dueling. 

Oath of office. 

New offices and officers. 

Terms of office. 

Absence of resident. 

Plurality vote. 


EXTRACTS FROM POLITICAL CODE AND LAWS OF 
THE STATE OF CALIFORNIA. 

Preliminary Provisions. • 

Persons Composing the People of the State. 

Political Rights and Duties of all Persons Subject 
to the Jurisdiction of the State. 

Chief Political Divisions of the State. 

Public Officers. 

Of Elections. 

Government of Counties. 

Government of Cities. 

Elections for Officers for the City and County of 
San Francisco. 

Extracts from Penal Code. 

Extracts from Code of Civil Procedure. 

Order No. 1369 of the Board of Supervisors of the 
City and County of San Francisco. 


Preliminary Provisions. 

Holidays. 

Persons Composing the People of the State. 

Section 50. Who are the people. 

51. Who are citizens. 

52. Residence. 




ANALYSIS OF CONTENTS. 


XI. 


Political Rights and Duties of all Persons subject to the 
Jurisdiction of the State. 


Section 54. 

55. 

56. 

57. 

58. 

59. 

60. 


Jurisdiction and protection. 

Allegiance. 

Allegiance may be renounced. 

Persons not citizens. 

Eligibility to office. 

Bights and duties of citizens not electors. 
Bights and duties of citizens of other States. 


CHIEF POLITICAL DIVISIONS OF THE STATE. 

I 

Counties, Vote, etc. 

Congressional Districts. 

Senatorial and Assembly Districts. 

Election of Senators and Assemblymen. 

Judicial Districts. 


\ 


OF COUNTIES, VOTE, ETC. 

Definition of County. 

Names of Counties, Vote, etc. 


CONGRESSIONAL DISTBICTS OF CALIFORNIA. 

Congressional Districts. 

Vote of Congressional Districts. 

I, II, III, and IY Congressional Districts. 

SENATORIAL AND ASSEMBLY DISTRICTS. 
First to twenty-ninth inclusive. 


ELECTION OF SENATORS AND ASSEMBLYMEN. 

Election of Senators. 

Election of Assemblymen. 

JUDICIAL DISTRICTS. 


First to Twenty-second Judicial Districts, inclusive. 



Xll. 


ANALYSIS OF CONTENTS. 


PUBLIC OFFICERS. 

Classification of Public Officers. 

Legislative Officers. 

Executive Officers. 

Judicial Officers. 

Ministerial and other Officers connected with the 
Courts. 

General Provisions Relative to Different Classes of 
Officers. 


CLASSIFICATION OF PUBLIC OFFICERS. 


LEGISLATIVE OFFICERS. 


Article I. 
II. 
VI. 
VII. 


Designation, term of office, and election of members. 
Meeting and organization of the Legislature. 

Contesting elections for members of the Legislature. 
Contesting elections for Governor or Lieutenant-Governor. 


Designation, Term of Office, and Election of Members. 

Section 225. Number and Designation of Legislators. 

226, Term of Office. 

227. Election of Senators and Assemblymen. 

Meeting and Organization of the Legislature. 

Section 235. Time and place of meeting. 

236. Certificate of election entitles to seat. 


Contesting Elections for Members of the Legislature. 


Section 273. 

274. 

275. 

276. 

277. 

278. 

279. 

280. 
281. 
282. 
283. 


Who may contest. 

Statement of cause of contest to be filed. 
Commission to take testimony. 

Notice to person interested, by whom served. 
Compelling the attendance of witnesses. 

Testimony, how taken. 

Vacancy in commission, how filled. 

Fees of officers. 

Testimony to be transmitted to Secretary of State. 
Depositions. 

Further evidence 





ANALYSIS OF CONTENTS. 


Xlll. 


Contesting the Election for Governor or Lieutenant Gov¬ 


ernor. 


Section 288. 

289. 

290. 

291. 

292. 

293. 

294. 

295. 


Who may contest. 

Grounds of contest to be stated in petition. 
Notice to Respondent. 

Notice to Houses. 

Trial Committee, how chosen. 

Notice of choice. 

Powers of Committee. 

Judgment of Committee. 


EXECUTIVE OFFICERS. 


The mode 


of Election or Appointment and term of Office 
of Civic Executive Officers. 


Section 348. 

349. 


Election of Governor and other officers. 
State Printer. 


JUDICIAL OFFICERS. 


Section 40. 

55. 

83. 

96. 

105. 


3. 


113. 

121 . 


Justices of Supreme Court. 

District Judges. 

County Judges. 

The Probate Judge of the city and county of San Francisco. 
The Judge of the Municipal Criminal Court of the city and 
county of San Francisco. 

The Judge of the City Criminal Court of the city and county 
of San Francisco. 

Justices of the Peace. 

Police Judges. 


MINISTERIAL AND OTHER OFFICERS CONNECTED WITH THE 

COURTS. 

Section 749. Election of Clerk of Supreme Court. 


GENERAL PROVISIONS RELATING TO DIFFERENT CLASSES OF 

OFFICERS. 

Article I. Qualification for Civil Office. 

IV. Appointment and Duration of Terms. 

X. Resignations, Vacancies, and the Mode of supplying them. 







XIV. 


ANALYSIS OF CONTENTS. 


Qualifications for Civil Office. 

Section 841. Age and Citizenship. 

1. Women Eligible to Educational Offices. 

842. Other Qualifications. 

Resignations, Vacancies and tlie Mode of Supplying Them, 

Section 998. Vacancy in Legislature and how filled. 

999, Vacancies, how filled when not otherwise provided for. 

1000. Vacancies occurring during session of Legislature. 

1001. Vacancies in certain State offices, how filled. 

1002. Vacancy in office of Harbor Commissioner or Superintendent 

of Public Instruction. 


Chapter I. 


II. 

III. 

IV. 
V. 

VI. 

VII. 

VIII. 

IX. 

X. 

XI. 


XII. 

XIII. 

XIV. 


OF ELECTIONS. 

General Provisions Relating to Elections. Secs. 
1041-1073. 

Qualifications and Disabilities of Electors. Secs. 
1083-1084. 

Registration of Electors. Secs. 1094-1117. 
Election Precincts. Secs. 1127-1132. 

Boards of Election. Secs. 1142-1150. 

Opening and Closing the Polls. Secs. 1160-1164. 
Poll Lists. Secs. 1174-1175. 

Election Tickets and Ballots. Secs. 1185-1212. 
Voting and Challenges. Secs. 1224-1243. 
Canvassing and Returning the Votes. * Secs. 1252- 
1268. 

Canvassing of Returns—Declaration of Result— 
Commissions and Certificates of Election. Secs. 
1278-1297. 

Elections forElectors of President and Vice-Presi¬ 
dent. Secs. 1307-1322. 

Elections for Members of Congress. Secs. 1332-1333. 
Primary Elections. Secs. 1367-1365. 


GENERAL PROVISIONS RELATING TO ELECTIONS. 

Article I. Time of Holding Elections. 

II. Election Proclamations. 

III. Miscellaneous Provisions. 




ANALYSIS OF CONTENTS. 


XV. 


Section 1041. 

1042. 

1043. 


Section 1053. 

1054. 

1055. 

1056. 


Section 1066. 

1067. 

1068. 

1069. 

1070. 

1071. 

1072. 

1073. 


Time of Holding Elections. 

General election, when to be held 
Judicial election, when to be held. 

Special elections, when to be held. 

Election Proclamation. 

Election proclamations by the Governor. 

Governor’s proclamation, what to contain. 

Supervisors must publish proclamation, etc. 

Election proclamation by Supervisors. 

Miscellaneous Provisions. 

Plurality to elect. 

Proceedings on a tie vote other than for Governor or Lieu¬ 
tenant-Governor. 

Same, on tie vote for Governor or Lieutenant-Governor. 
Electors privileged from arrest, when. 

Electors exempt from militia duty, when. 

No fees for certificate of registration. 

Compensation of officers of election. 

Supervisors to have blanks prepared. 


Qualifications and Disabilities of Electors. 

Section 1083. Qualifications of a voter. 

1084. Certain citizens not entitled to vote. 


Section 1094. 

1095. 

1096. 

1097. 

1098. 

1099. 

1100. 

1101 . 

1102. 

1103. 

1104. 

1105. 

1106. 

1107. 

1108. 

1109. 

1110 . 
mi. 
1112 . 

1113. 

1114. 

1115. 

1116. 
1117. 


Registration of Electors. 

Great Register to be kept. 

Names of electors to be entered. 

Substance of entry. 

Rules governing entry. 

Assessors roll of electors. 

What enrollment must show. 

Duty of Clerk or Assessor relative to certain proofs produced 
before him. 

Assessor must make monthly returns of his enrollment. 

Duty of Clerk upon receipt of the return. 

Affidavits must be filed in Clerk’s office. 

Persons not to be registered in different counties at the same 
time. 

Cancellation of entry. 

When entry may be canceled. 

Clerk must give certificate of registration. 

Persons refused registration may proceed by action. 

Any person may proceed by action to have registration can¬ 
celed. 

Parties to such actions. 

Same. 

Costs not to be recovered against the Clerk, except in certain 

cases. 

Clerk to make copy of Great Register ; also, Ward and Town¬ 
ship Registers. 

Names must be arranged alphabetically and numbered. 

Great Register and Ward Registers must be printed. 

Printed copies, how distributed. 

Copy of entry prima facie evidence that the party is an elector. 


XY1, 


ANALYSIS OF CONTENTS, 


“ AN ACT to compel the Comity Clerk of the city and county of San 
Francisco to keep open his office upon all election days.” Approved 
March 7, 1876, page 142. 


Section 1127. 

1128. 

1129. 

1130. 

1131. 

1132. 


Section 1142. 

1143. 

1144. 

1145. 

1146. 

1147. 

1148. 

1149. 

1150. 


Section 1160. 
1161. 
1162. 

1163. 

1164. 


Section 1174. 
1175. 


Section 1185. 
1186. 

1187. 

1188. 

1189. 

1190. 

1191. 

1192. 

1193. 


1194. 


1195. 

1196. 

1197. 

1198. 

1199. 

1200. 


Election Precincts. 

Supervisors to establish election precincts. 

Boundaries must be defined. 

Board may alter, etc., precincts. 

Limitations on powers given herein. 

Board to designate place in precinct for holding election and 
offices to be filled. 

If Board fail to designate, Justice of the Peace may designate. 

Boards of Election. 

Boards of Election, how appointed. 

Judges not to be of same political party. 

If Board of Supervisors fail to appoint, etc., electors may 
appoint. 

Organization of Boards and general powers of Inspectors 
Judges and Clerks may administer oaths. 

Clerks. 

Board of Clerks to be sworn. 

Board to post copies of Great Register and Ward Register. 
Copies not to be torn nor defaced. 

Opening and closing the Polls. 

Time of opening and closing the poils. 

Recess. 

Ballot box to be exhibited. 

Proclamation at opening the polls. 

Proclamation at closing the polls. 

Poll Lists. 

Form of poll lists. 

Want of form not to vitiate. 


Election Tickets and Ballots. 

Ticket defined. 

Ballot defined. 

Tickets must be uniform. 

Secretary of State to keep paper for tickets. 

Must supply such paper to any person on application. 
Disposition of moneys collected from sale of paper. 

Form of ballot and how printed. 

Ballots not to be given to any person within certain limits. 
Tickets and ballots not to be folded or unfolded within certain 
limits. 

Contents of tickets or ballots not to be exhibited within cer¬ 
tain limits. 

Persons not to be asked to disclose contents of ticket or ballot. 
Ballots to have no marks on outside. 

Ballots to have no marks by which it can be known who voted 
Tickets, how to be folded. 

Tickets not to be folded so as to indicate their contents. 
Tickets folded together must be rejected. 


ANALYSIS OF CONTENTS. 


xvn. 


Section 1201. 
1202. 


1203. 


1204. 

1205. 

1206. 

1207. 

1208. 

1209. 

1210. 
1211 . 
1212. 


Section 1224. 

1225. 

1226. 

1227. 

1228. 

1229. 

1230. 

1231. 

1232. 

1233. 

1234. 

1235. 

1236. 

1237. 

1238. 

1239. 

1240. 

1241. 

1242. 

1243. 


Section 1252. 

1253. 

1254. 

1255. 

1256. 

1257. 

1258. 

1259. 

1260. 
1261. 
1262. 

1263. 

1264. 

1265. 

1266. 


1267. 


1268. 

2 


Ballots not to be rejected for obscurity in the name of person 
or office. 

When more persons are designated for an office than are to be 
chosen, ballot to that extent must be rejected. 

Written and printed names for the same office—which to be 
rejected. 

Printed tickets not to be erased but by lead pencil or ink. 

Two votes on the same ballot, for same person, must b® 
counted as one. 

Marked ballots to be rejected. 

Same. 

Ballots not conforming to requirements of law must be re¬ 
jected. 

Rejected ballots to be indorsed. 

Rejected ballots must be preserved. 

Ballots not rejected, but objected to, must be indorsed. 

Ballots not in compliance with law not to be received. 

Voting and Challenges. 

Voting, when to commence and continue. 

Manner of voting. 

Same. 

Same. 

Record that person has voted, how kept. 

Same. 

Grounds of challenge. 

Proceedings on challenge for want of identity. 

Same,on challenge for non-residence inState. 

Same, on challenge for non-residence in precinct. 1 
Same, on challenge of having before voted. 

Same, on ground of conviction of a felony. 

Challenges, how determined. 

Same. 

If person refuse to be sworn, vote to be rejected. 

Rules for the determination of questions of residence. 

Term of residence, how computed. 

Rules must be read, if requested. 

Proceedings upon determination of challenge. 

List of challenges to be kept. 

Canvassing and Returning the Vote. 

Canvass to be public, and without adjournment. 

Canvass, how commenced. 

Double ballots, how disposed of. 

Excess of ballots, how disposed of. 

Procedure in attesting Poll Lists. 

Counting the votes. 

Tallies. 

Tickets to be strung and inclosed in sealed envelopes. 

Return list. 

Election returns, etc., to be sealed up. 

Inspector to keep duplicate election returns. 

Returns and ballots to be delivered to a member of the Board. 
Must be delivered to County Clerk or, etc. 

Clerk to keep ballots unopened. 

When package containing ballots may be destroyed; when 
opened. 

Returns to be delivered by Clerk to Supervisors. 

Copy of Register to be filed in County Clerk’s office. 


xviii. 


Canvass of 


Section 1278. 

1279. 

1280. 
1281. 
1282. 

1283. 

1284. 

1285. 

1286. 

1287. 

1288. 

1289. 

1290. 
1291 
1292. 

1193. 

1294. 

1295. 

1296. 

1297. 


Election 


Section 1307. 

1308. 

1309. 

1310. 

1311. 

1312. 

1313. 

1314. 

1315. 

1316. 

1317. 

1318. 

1319. 

1320. 

1321. 

1322. 


Article. I. 

II. 


Section 1332. 
1333. 


ANALYSIS OF CONTENTS. 

Returns—Declaration of Result—Commissions 
and Certificates of Election, 


Meeting of Supervisors to canvass returns. 

Same. 

Same. 

Canvass, bow made. 

Statement of result to be entered of record. 

Declaration of result. 

Certificates issued by Clerk. 

District returns, how made up. 

How transmitted. 

Duty of Clerk receiving district returns. 

State returns, how made. 

How transmitted. 

Duty of Secretary of State, relative to. 

Commissions issued by Governor. 

Returns of election for Governor and Lieutenant Governor, 
how made. 

How transmitted. 

Same. 

Same. 

Canvass of returns of election for Governor and Lieutenant 
Governor. 

Defects in form of returns, when to be disregarded. 


for Electors of President and Vice President, 

Electors, when chosen. 

Returns, how made. 

How transmitted. 

Messenger, when Clerk may employ. 

Proof of necessity for and approval of appointment of mes¬ 
senger. 

Compensation of messenger. 

Duties of Secretary of State relative to returns. 

Duty of Governor. 

Meeting of Electors. 

Vacancies in, how supplied, 

Voting by Electors, and returns. 

Separate ballots for President and Vice-President. 

Must make lists of persons voted for. 

Result to be transmitted to the President of the United States 
Senate. 

Compensatioi} of Electors. 

How audited and paid. 

Elections for Members of Congress. 


Election for Senators. 

Election for Representatives. 

Election for Senators. 

Election for full terms. 

Elections to fill vacancies. 


ANALYSIS OF CONTENTS. 


XIX. 


Section 1343. 

1344. 

1345. 

1346. 
1347 


Section 1357. 

1358. 

1359. 

1360. 

1361. 

1362. 

1363. 

1364. 

1365. 


Section 4000. 

4006. 

4007. 
, 4022. 

4023. 

4024. 

4025. 

4026. 

4027. 
4046. 
4046. 


4046. 

4064. 

4065. 

4101. 

4102. 

4103. 

4104. 

4105. 

4106. 

4107. 

4108. 

4109. 

4110. 

4111. 


Elections for Representatives. 

When held. 

Returns, how made. 

How transmitted. 

Duty of Secretary of State relative to. 
Certificates issued by Governor. 


Primary Elections. 

Committees may by resolution elect to hold under election 
laws. 

Resolution, form of. 

Notice, form of. 

Challenges. 

None but qualified persons to participate. 

Returns, how made. 

Certificates of election, when issued by Board of Judges. 
Canvass of returns and certificate by committee. 

What provisions of law applicable to these elections. 

Government of Counties. 

Every county a body corporate. 

Classification of counties. 

Same. 

Board of Supervisors. 

Qualifications of Supervisors. 

Term of office. 

When number increased or decreased, what Board must do. 
Vacancy in Board, how filled. 

Members, how classified for election. 

Power of Supervisors to create election precincts, etc. 
Supervisors power to divide counties into townships, school, 
road and other districts, etc. 

Supervisors power canvass returns, etc. 

Supervisors must provide appliances, etc., for election. 
Supervisors must issue aud transmit certificates of election. 
Age, citizenship and residence of county officers. 

Same as to district and township officers. 

County officers enumerated. 

Township and other inferior officers. 

Offices united and consolidated. 

Consolidating offices by board. 

Public Administrators failing to qualify. 

Omission to consolidate. 

Oath, bond, fees, etc, 

County officers except, when elected. 

Schedule of Local Acts. 

County Judges and justices of peace. 

Supervisors, when elected. 


Government and Election for Officers for Cities. 


Section 4354. 

4355. 

4356. 

4357. 

4366. 

4367. 


General powers. 

Distribution of powers. 

City declared by Legislature. 
Boundaries, how changed. 

Act to fix time of election. 

First election, when and how held. 


XX. 


ANALYSIS OF CONTENTS 


Section 4368. 

4369. 

4370. 
4373. 


Who are city electors. 
Officers. 

Officers of cities. 
Vacancies in office. 


Election for Municipal Officers in San Francisco. 


Section 1. 

2 . 

3. 

4. 
2 . 
3. 

5. 

6 . 

7. 

8 . 
9, 

10 . 

11 . 

8 . 


Election of Officers. 

Of Judges. 

Election days. 

Officers, when elected; terms of office. 
Terms of certain officers extended. 
Supervisors and School Directors. 

A general election in 1867. 

Election of Justices of the Peace. 

Of Harbor Commissioner. 

Present officers to serve their full term. 
Election proclamation. 

New official bonds. 

Repeal. 

Fire Commissioners, 


EXTRACT FROM PENAL CODE. 

Preliminary Provisions. 

Crimes against the Elective Franchise. 


Preliminary Provisions. 


Section 17. 

18. 

19. 

24. 


Felony and misdemeanor defined. 

Punishment of felony when not otherwise prescribed. 
Punishment of misdemeanor when not otherwise prescribed. 
This Act, how cited, etc. 


Of Crimes against the Elective Franchise. 


Section 41. 

42. 

43. 

44. 

45. 

46. 

47. 

48. 

49. 

50. 

51. 

52. 

53. 

54. 

55. 

56. 


Violation of election laws by certain officers, a felony. 
Fraudulent registration a felony. 

Refusal to be sworn by or to answer questions of Board of 
Judges of Election a misdemeaner. 

Refusal to obey summons of Board of Registration a misde¬ 
meanor. 

Voting without being qualified, voting twice, and other election 
frauds, felonies. 

Attempting to vote without being qualified. 

Procuring illegal voting a misdemeanor. 

Changing ballots or altering returns by election officers,felonies. 
Inspectors unfolding or marking tickets guilty of a misdemeanor. 
Forging or altering returns a felony. 

Adding to or subtracting from votes given a felony. 

Persons aiding and abetting or concealing guilty of felony. 
Intimidating, corrupting, deceiving, or defrauding electors, a 
misdemeanor. 

Furnishing money for elections, except for specified purposes. 
Unlawful offers to procure offices for electors. 

Communicating such offer. 



ANALYSIS OF CONTENTS. 


XXI. 


Section 57. 
5b. 

59. 

60. 
61. 
62. 


Bribing or offering to bribe members of legislative caucuses, etc. 
Preventing public meetings. 

Disturbance of public meetings, misdemeanor. 

Betting on elections. 

Violation of election laws by persons not officers. 

Persons printing or circulating illegal tickets guilty of misde¬ 
meanor. 


EXTRACT FROM CODE OF CIVIL PROCEDURE. 


Section 1111. 

1112 . 

1113. 

1114. 

1115. 

1116. 


1117. 

1118. 

1119. 

1120. 
1121. 
1122. 

1123. 

1124. 

1125. 

1126. 
1127. 


Of Contesting Certain Elections. 

Who may contest, and grounds of contest. 

Irregularity and improper conduct of judges, when to annul 
elections. 

When not to. 

Illegal votes, when not to vitiate election. 

Proceedings on contest. 

Statement of cause of contest. When based on reception of 
illegal votes, contestant to deliver to respondent a list of 
votes claimed to be illegal. 

Statement of cause of contest; want of form not to vitiate. 
County Judge to hold special term for trial of contest. 

Clerk to issue citation to respondent. 

Witnesses; attendance of; how enforced. 

Power of Court. Adjournment of Court. 

Buies to govern Court in trial of contest. 

Court may declare who was elected. 

Fees of officers and witnesses. 

Costs. 

Appeal. 

When election void and office vacant. 


EXTRACTS FROM ORDER NO. 1369 OF BOARD OF 
SUPERVISORS OF THE CITY AND COUNTY OF SAN 
FRANCISCO. 

Election Precincts in San Francisco. 


INDEX. 





EPITOME. 


The Electors of the City and County of San Francisco are 
entitled to vote for certain officers of the United States, certain 
officers of the State of California, and certain officers of the 
City and County of San Francisco. 

THE UNITED STATES 

Have a republican form of government, organized under the 
provisions of the national constitution. The powers of the 
government are divided into three branches, namely : 

THE LEGISLATIVE POWEE, 

THE EXECUTIVE POWEE, 

THE JUDICIAL POWEE. 

The Legislative Powee of the United States is vested in 
the Senate and House of Eepresentatives. The Senators of the 
United States are chosen (except in certain cases) by the legisla¬ 
tures of the States from which they are accredited. The Kepre- 
sentatives in Congress are chosen by the vote of the Electors 
of the several States. 

The Executive Powee of the United States is vested in the 
President of the United States. The President (except in 
certain cases) is chosen by certain Presidential Electors, 
appointed in such manner as each State (for itself) may direct. 

The Judicial Powee of the United States is vested in one 
Supreme and other inferior courts, the Judges of which are 
nominated by the President and confirmed by the Senate. 



EPITOME. 


XX111. 


THE STATE OF CALIFORNIA 

Has a republican form of government, organized under the 
provisions of her State Constitution. And as a member of our 
national confederation she contributes to its strength and enjoys 
its protection. 

The powers of the government are divided into the following 
departments : 

LEGISLATIVE, 

EXECUTIVE, 

JUDICIAL, 

The principal officers of each of which are chosen by vote of 
the Electors of the State. 

The State of California is entitled to six electoral votes 
for President of the United States. Her Presidential Electors 
are chosen by vote of the Electors of the State. 

THE CITY AND COUNTY OF SAN FRANCISCO 

Is a municipal corporation, organized under the provisions of 
an act of the Legislature of the State. The principal officers 
of the corporation are chosen by vote of the Electors of said City 
and County. 

The offices to be filled by choice of the vote of the Electors; 
the cpialifications required in the Electors, and the elected; 
the times for holding, and the manner of conducting elections, 
will appear on examination of the following pages. 

The naturalization laws being pertinent to our subject, are 
here inserted. 

The provisions relating to primary elections are printed 
with a marginal line opposite thereto. 


TABLE 


Showing the Senatorial and Judicial Districts in which, the following Wards and 

Precincts are included. 


PRECINCTS. 

WARDS. 

JUDICIAL DISTRICT. | 

SENATORIAL. 

1, 2, 

3 



1. 

.15. 

. 9 

L 2, 

3 



.... 2 ... 

.... 4. 

. 9 





.. 3*... 

15. 

.10 

1, 2, 

3 



.... 4 

. 4. 

. 9 




.... 5... . 

. 3. 

.10 

19. 

_ 6. . . . 

.19. 

.10 

1, 2, 

3, 

4. 


.... 7 . . . 

. 12 . 

.11 

L 2, 

4 



.... 8. . . 

. . .19. . . 

.10 

3, 5, 

6 



_ 8... . 

.19. . . 

.12 

L 2, 

3 



... 9.. . 

.12. 

.11 

4, 5. 




. . . 9... 

. 12. 

.12 

L 2, 

3, 

4. 


....10. . 

.. 12. 

.11 

5, 6, 

7, 

8, 

9, 10 . 

.. .10. ... 

12. 

. 12 

1 , 2. 



11. 

. 12 . 

12 

3, 4, 

5, 

6, 

7, 8, 9, 10, 11.... 

... 11. . . 

. 12 . ... : . . 

. 13 

1 . 



... .12. ... 

. 4 . 

. 9 

2, 5, 




12. .. . 

. 4 . 

. 10 

3, 4, 

6 



... .12. .. . 

. 4 . 

. 13 


*Portions of City Hall excepted from 15th Judicial District. 

TABLE 


Showing the Wards included in each Judicial District. 

The 3d Judicial District includes the 5th Ward. 

The 4th Judicial District includes the 2d, 4th, 12th Wards, and a portion of 
the old City Hall. 

The 12th Judicial District includes the 7th, 9th, 10th, 11th Wards, and a 
portion of the City Hall. 

The 15th Judicial District includes the 1st and 3d Wards, excepting a por¬ 
tion of the City Hall. 

The 19tli Judicial District includes the 6th and 8th Wards. 

TABLE 


Showing the Wards and Precincts included in each Senatorial District. 

The 9tli Senatorial District includes the 1st, 2d and 4th Wards; and 1st 
Precinct of the 12tli Ward. 

The 10th Senatorial District includes the 3d, 5th and 6th Wards; 1st, 2d 
and 4tli Precincts of the 8th Ward and 2d and 5th Precincts of the 12th 
Ward. 

The 11th Senatorial District includes the 7th Ward; 1st, 2d and 3d Precincts 
of the 9tli Ward, and 1st 2d, 3d and 4th Precincts of the 10th Ward. 

The 12th Senatorial District includes the 3d, 5th and 6th Precincts of the 
8th Ward; 4th and 5th Precincts of the 9th Ward; 5th, 6th, 7th, 8th 9th and 
10th Precincts of the 10th Ward; and 1st and 2d Precincts of the 11th Ward. 

The 13th Senatorial District includes the 3d, 4th, 5th, 6th, 7th, 8th, 9th 
10th and lltli Precincts of the 11th Ward, and 3d, 4tli and 6th Precincts of 
the 12th Ward. 













































































Map snowing the Judicial Districts within the City and County of San Francisco, 
as defined by an “Act creating the 19th and 20th Judicial Districts, and defining the 3d, 4th, 
12th and 15th Judicial Districts,” approved March 8th, 1872. 




























• 


• 


* 

• 

* 

. 

♦ 

• 

• 



• 

• 


# 

% 

« 






• 



* 










• 

* 






• 






• 

• 

• 

• 










• 



• 






• 



♦ 

• 






• « 


• 







DIAGRAM OF WARDS AND ELECTION PRECINCTS 



As defined by Order No. 1369 of the Board of Supervisors of the City and County of San Francisco, approved July 6th, 1877. 

For Senatorial Districts, sec next page. For Judicial Districts, see previous page. 


































































!3 TH 


1.3™ Senatorial 


fT» CT»if r 



Map showing the Senatorial Districts within the City and Conntj of San Francisco 
as defined oy an “Act to define the Senatorial and Assembly Districts of this State, and 
apportion the Representatives thereof, 1 ' approved March 16, 1874. P. 366 
































































































































« ^ 



»•* 

















































« 


4 


% 








* 













* 















I 









THE ELECTION LAWS. 


EXTRACT FROM THE 

DECLARATION OF INDEPENDENCE. 

SOURCE OF POWER. 

Governments* derive* their just powers from the 
consent of the governed. 


EXTRACTS FROM THE 

CONSTITUTION OF UNITED STATES. 


PREAMBLE, 
LEGISLATIVE POWER, 
EXECUTIVE POWER, 
JUDICIAL POWER, 
MISCELLANEOUS. 


PREAMBLE. 

We the people of the United States, in order to 
form a more perfect union, establish justice, insure 
domestic tranquillity, provide for the common defense, 
promote the general welfare, and secure the blessings 
of liberty to ourselves and our posterity, do ordain 
and establish this constitution for the United States 
of America. 

1 * 






2 


THE ELECTION LAWS, 


ARTICLE I. 

LEGISLATIVE POWER. 

Congress. 

House of Representatives. 

Qualifications of Representatives. 

Vacancies. 

The Senate of the United States—How Composed, etc. 

Terms, Allotments, Vacancies. 

Qualifications of Senators. 

Times, Places, and Manner of Choosing, Senators and Repre¬ 
sentatives. 

Returns, qualifications, etc. 

Congress. 

Sec. 1. All legislative powers herein granted shall be 
vested in a Congress of the United States, which shall con¬ 
sist of a Senate and House of Representatives. 

House of Representatives. 

Sec. 2. The House of Representatives shall be composed 
of members chosen every second year by the people of the 
several States, and the electors in each State shall have the 
qualifications requisite for electors of the most numerous 
branch of the State Legislature. 

Qualifications of Representatives. 

Sec. 2 continued. No person shall be a Representative 
who shall not have attained the age of twenty-five years, 
and been seven years a citizen of the United States, and 
who shall not, when elected, be an inhabitant of that State 
in which he shall be chosen. 

* * * _ * * * ■* 

Vacancies. 

Sec. 2 continued. When vacancies happen in the repre¬ 
sentation from any State, the executive authority thereof 
shall issue writs of election to fill such vacancies. 

* 

The Senate. 

Sec. 3. The Senate of the United States shall be com¬ 
posed of two Senators from each State, chosen by the 
Legislature thereof for six years ; and each Senator shall 
have one vote. 


EXECUTIVE POWER. 


3 


Allotment , Vacancies. 

Sec. 3 continued. Immediately after “they shall be assem¬ 
bled in consequence of the first election, they shall be 
divided as equally as may be into three classes. The seats 
of the Senators of the first class shall be vacated at # the 
expiration of the second year; of the second class at the 
expiration of the fourth year, and of the third class at the 
expiration of the sixth year, so that one-third may be chosen 
every second year; and if vacancies happen, by resignation 
or otherwise, during the recess of the Legislature of any 
State, the Executive thereof may make temporary appoint¬ 
ments until the next meeting of the Legislature, which shall 
then fill such vacancies. * * * 

Qualifications of Senators. 

Sec. 3 continued. No person shall be a Senator who shall 
not have attained the age of thirty years, and been nine 
years a citizen of the United States, and who shall not, when 
elected, be an inhabitant of the State for which he shall be 
chosen. * * * 

Election for Senators and Representatives. 

Sec. 4. The times, places and manner of holding elections 
for Senators and Representatives shall be prescribed in each 
State by the Legislature thereof, but the Congress may at 
any time by law make or alter such regulations, except as to 
the places of choosing Senators. 

Returns , Qualifications , etc. 

Sec. 5. Each House shall be the judge of the elections, 
returns, and qualifications of its own members. * * 


ARTICLE II. 

EXECUTIVE POWER. 


President and Vice-President. 

Appointment of Presidential Electors. 

Election of President and Vice-President. 

Congress may determine time of choosing Electors, etc. 
Qualifications of President, etc. 

President and Vice-President. 

Sec. 1. The executive power shall be vested in a Presi¬ 
dent of the United States of America; he shall hold his office 



4 


THE ELECTION LAWS. 


during the term of four years, and, together with the Vice- 
President, chosen for the same term, be elected as follows: 

Appointment of Presidential Electors. 

Sec. 1 continued. Each State shall appoint, in such 
manner as the Legislature thereof may direct, a number of 
electors equal to the whole number of Senators and Repre¬ 
sentatives to which .the State may be entitled in the Congress, 
but no Senator or Representative or person holding an office 
of trust or profit under the United States, shall be appointed 
an elector. 

******* 

Election of President and Vice-President. 

Akticle 12, ratified A. D. 1804. The electors shall meet 
in their respective States, and vote by ballot for President 
and Vice-President, one of whom, at least, shall not be an 
inhabitant of the same State with themselves; they shall 
name in their ballots the person voted for as President, and 
in distinct ballots the person voted for as Vice-President; 
and they shall make distinct lists of all persons voted for as 
President, and of all persons voted for as Vice-President, 
and of the number of votes for each, which lists they shall 
sign and certify and transmit, sealed, to the seat of the 
Government of the United States, directed to the President 
of the Senate. The President of the Senate shall, in pres¬ 
ence of the Senate and House of Representatives, open all 
the certificates, and the votes shall then be counted. The 
person having the greatest number of votes for President 
shall be the President, if such number be a majority of the 
whole number of electors appointed; and if no person have 
such a majority, then from the persons having the highest 
numbers, not exceeding three on the list of those voted for 
as President, the House of Representatives shall choose im¬ 
mediately, by ballot, the President. 

But in choosing the President, the votes shall be taken by 
States, the Representation from each State having one vote; 
a quorum for this purpose shall consist of a member or mem¬ 
bers from two-thirds of the States, and a majority of all the 
States shall be necessary to a choice; and if the House of 
Representatives shall not choose a President, whenever the 
right of choice shall devolve upon them, before the fourth day 
of March next following, then the Vice-President shall act as 
President, as in the case of the death or other constitutional 
disability of the President, the person having the greatest 
number of votes as Vice-President shall be the Vice-Presi- 


JUDICIAL POWER. 


5 


clent, if such number be a majority of the whole number of 
electors appointed; and if no person have a majority, then 
from the two highest numbers on the list, the Senate shall 
choose the Vice-President; a quorum for the purpose shall 
consist of two-tliirds of the whole number of Senators, and a 
majority of the whole number shall be necessary to a choice. 
But no person constitutionally ineligible to the office of 
President shall be eligible to that of Vice-President of the 
United States. 

« 

Congress may Determine Time of Choosing Electors. 

Sec. 1, Article 2 continued. The Congress may determine 
the time of choosing the Electors, and the day on which they 
shall give their votes; which day shall be the same through¬ 
out the United States. 

Qualifications of President. 

Sec. 1 continued. No person except a natural-born citizen, 
or a citizen of the United States at the time of the adoption 
of this Constitution, shall be eligible to the office of Presi¬ 
dent; neither shall any person be eligible to that office avIio 
shall not have attained the age of thirty-five years, and 
been fourteen years a resident within the United States. * * 


ARTICLE III. 

JUDICIAL POWER. 

Supreme Court—Inferior Courts. 

Appointment of Judges of Supreme Court. 

Supreme Court—Inferior Court. 

Sec. 1. The judicial power of the United States shall be 
vested in one Supreme Court and in such Inferior Courts as 
the Congress may from time to time ordain and establish. 
The Judges, both of the Supreme and Inferior Courts, shall 
hold their offices during good behavior, and shall at stated 
times receive for their services a compensation which shall 
not be diminished during their continuance in office. 

Appointment of Judges of Supreme Court. 

Extract from Article II, Sec. 2. The President * * 
shall nominate and by and with the advice and consent of 
the Senate shall appoint * * * Judges of the Supreme 
Court. * * * 



6 


THE ELECTION LAWS. 


MISCELLANEOUS. 

Privileges and immunities of citizens. 

National Constitution, laws and treaties are supreme laws. 

Oath to support Constitution required—Religious test prohibited. 

Citizenship defined—Privileges of citizens shall not be abridged, 
etc. 

Apportionment of representation. 

Disqualification of certain persons. 

Right of citizen to vote. 

# 

Privileges and Immunities of Citizens . 

Sec. 2, Article 4. Tlie citizens of each State shall be 
entitled to all the privileges and immunities of citizens in the 
several States. * * * 

Supreme Laic. 

Article 6 * *. This Constitution and the laws of the 
United States which shall be made in pursuance thereof, 
and all treaties made, or which shall be made under the au¬ 
thority of the United States, shall be the supreme law of the 
land ; and the judges in every State shall be bound thereby, 
anything in the Constitution or laws of any State to the con¬ 
trary notwithstanding. 

Oatli Required—Religious Test Prohibited. 

Article 6 continued. The Senators and Representatives 
before mentioned, and the members of the several State 
Legislatures, and all executive and judicial officers, both of 
the United States and of the several States, shall be bound 
by oath or affirmation to support this Constitution ; but no 
religious test shall ever be required as a qualification to any 
office or public trust under the United States. 

Citizenship Defined,—Privileges of Citizens shall not be Abridged 
—Protection not to be Denied. 

Sec. 1, Article 14. All persons born or naturalized in 
the United States and subject to the jurisdiction thereof are 
citizens of the United States and of the State wherein they 
reside. No State shall make or enforce any law which shall 
abridge the privileges or immunities of citizens of the 
United States; nor shall any State deprive any person of 
life, liberty or property without due process of law, nor 
deny to any person within its jurisdiction the equal protec¬ 
tion of the laws. 

Apportionment of Representatives. 

Sec. 2, Article 14. Representatives shall be apportioned 
among the several States according to their respective 


MISCELLANEOUS. 


7 


numbers, counting the whole number of persons in each 
State, excluding Indians not taxed. But when the right to 
vote at aiiy election for the choice of Electors for President 
and Vice-President of the United States, Representatives in 
Congress, the Executive and Judicial officers of a State, or 
the members of the Legislature thereof, is denied to any of 
the male inhabitants of such State, being twenty-one years 
of age and citizens of the United States, or in any way 
abridged, except for participation in rebellion or other crime, 
the basis of the representation therein shall be reduced in the 
proportion which the number of such male citizens shall 
bear to the whole number of male citizens twenty-one years 
of age in such State. 

Disqualification of Certain Persons. 

Sec. 3, Article 14. No person shall be a Senator or Repre¬ 
sentative in Congress, or elector of President and Vice-Pres¬ 
ident, or hold any office, civil or military, under the United 
States, or under any State, who, having previously taken an 
oath as a member of Congress, or as an officer of the United 
States, or as a member of any State Legislature, or as an 
executive or judicial officer of any State, to support the Con¬ 
stitution of the United States, shall have engaged in insur¬ 
rection or rebellion against the same, or given aid or com¬ 
fort to the enemies thereof. But Congress may, by a vote 
of two-thirds of each House, remove such disability. 

Bights of Citizens shall not be Abridged, etc . 

Sec. 1, Article 15. The right of citizens of the United 
States to vote shall not be denied or abridged by the United 
States, or by any State on account of race, color, or previous 
condition of servitude. 

Sec. 2, Article 15. The Congress shall have power to 
enforce this article by appropriate legislation. 


EXTRACT FROM 


TREATY WITH MEXICO. 

[.Proclaimed July 4, 1848.] 


Privileges of Mexicans. 

Citizenship of Mexicans. 

Admission of Mexicans to Citizenship. 

Privileges of Mexicans. 

Article 8. Mexicans now established in territories pre¬ 
viously belonging to Mexico, and which remain for the 
future within the limits of the United States, as defined by 
the present treaty, shall be free to continue where they now 
reside, or to remove at any time to the Mexican Republic, 
retaining the property which they possess in the said terri¬ 
tories, or disposing thereof, and removing the proceeds 
wherever they please, without their being subjected on this 
account to any contribution, tax or charge whatever. 

Citizenship of Mexicans. 

Article 8 continued. Those who shall prefer to remain in 
the said territories, may either retain the title and rights of 
Mexican citizens or acquire those of citizens of the United 
States. But they shall be under the obligation to make 
their election within one year from the date of the exchange 
of ratifications of this treaty; and those who shall remain in 
the said territories after the expiration of that year, without 
having declared their intention to retain the character of 
Mexicans, shall be considered to have elected to become 
citizens of the United States. * * * * * 

Admission of Mexicans to Citizenship. 

Article 9. The Mexicans who, in the territories aforesaid, 
shall not preserve the character of citizens of the Mexican 
Republic, conformedly with what is stipulated in the pre¬ 
ceding article, shall be incorporated into the Union of the 
United States, and be admitted at the proper time (to 



EXTRACT FROM TREATY WITH MEXICO. 


9 


be judged of by the Congress of the United States) to the 
enjoyment of all the rights of citizens of the United States, 
according to the principles of the Constitution ; and in the 
meantime shall be maintained and protected in the free 
enjoyment of their liberty and property, and secured in the 
free exercise of their religion without restriction. 


ACT OF ADMISSION. 

AN ACT for the Admission of the State of California into the 
Union. Approved September 9, 1850. 

Preamble—Enacting Clause. 

The State of California shall be one, and is hereby de¬ 
clared to be one, of the United States of America, and ad¬ 
mitted into the Union on an equal footing with the original 
States in all respects whatever. 



EXTRACTS FROM THE 


REVISED STATUTES »UNITED STATES. 

[Approved June 22, 1874.] 


Appointment and Election of Representatives. 

Contested Elections. 

Presidential Elections. 

Civil Rights. 

Citizenship. 

The Elective Franchise. 

N ATURALIZATION. 

Crimes Against the Operation of the Government. 

Crimes Against the Elective Franchise and Civil Rights of 
Citizens. 


CHAPTER II, TITLE II. (Page 4.) 

Apportionment and Election of Representatives. 

Section 20. Number and Apportionment of Representatives. 

21. * Representatives assigned to New States. 

22. Reduction of Representation under Amendment 14. 

23. Election by Districts. 

24. Representative from California in Forty-fourth Congress. 

25. Time of Election. 

26. Vacancies. 

27. Votes by ballot. 

Number and, Apportionment of Representatives. 

Sec. 20. After the third day of March, eighteen hundred 
and seventy-three, the House of Representatives shall be 
composed of two hundred and ninety-two members, to be 
apportioned among the several States as follows: 




REVISED STATUTES OF UNITED STATES. 11 

Maine, ------ 5 New Hampshire, - - - 3 

Vermont, ----- 3 Massachusetts, - - - 11 

Rhode Island, - - - 2 Connecticut, - - - - 4 

New York, - - - - 33 New Jersey, - - - - 7 

Pennsylvania, - - - 27 Delaware, ----- 1 

Maryland, ----- 6 Virginia, ----- 9 

North Carolina, - - - 8 South Carolina, - - - 5 

Georgia, ----- 9 Alabama, ----- 8 

Mississippi, - - - - 6 Louisiana, ----- 6 

Ohio, ------ 20 Kentucky, ----- 10 

Tennessee, - - - - 10 Indiana, - - - - - 13 

Illinois, ----- 19 Missouri, ----- 13 

Arkansas, ----- 4 Michigan, ----- 9 

Florida, ----- 2 Texas, ------ 6 

Iowa, ------ 9 Wisconsin, - - - - 8 

California, - - - - 4 Minnesota, - - - - 3 

Oregon, - - - - - 1 Kansas, ----- 3 

West Virginia, - - - 3 Nevada, ------ 1 

Nebraska, ----- 1 


Representatives Assigned to New States. 

Sec. 21. Whenever a new State is admitted to the Union, 
the Representatives assigned to it shall be in addition to the 
number two hundred and ninety-two. 

Reduction of Representation under Amendment 14. 

Sec. 22. Should any State deny or abridge the right of 
any of the male inhabitants thereof, being twenty-one years 
of age and citizens of the United States, to vote at any 
election named in the amendment to the Constitution, Article 
fourteen, Section two, except for participation in the rebel¬ 
lion or other crime, the number of Representatives appor¬ 
tioned to such State shall be raduced in the proportion 
which the number of such male citizens shall have to the 
whole number of male citizens twenty-one years of age in 
such State. 

Elections by Districts. 

Sec. 23. In each State entitled under this apportionment 
to more than one Representative, the number to which such 
State maybe entitled in the-Forty-third and each subsequent 
Congress shall be elected by districts composed of contigu¬ 
ous territory, and containing as nearly as practicable an 
equal number of inhabitants, and equal in number to the 
number of Representatives to which such State may be en¬ 
titled in Congress, no one district electing more than one 
Representative; but in the election of Representatives to 



















12 


EXTRACTS FROM 


the Forty-third Congress in any State to which an increased 
number of Representatives is given by this apportionment, 
the additional Representative or Representatives may be 
elected by the State at large, and the other Representatives 
by the districts as now prescribed by law, unless the Legisla¬ 
ture of the State shall otherwise provide before the time 
fixed by law for the election of Representatives therein. 

Representative from California in Forty-fourth Congress. 

Sec. 24. Obsolete. 

Time of Election. 

Sec. 25. The Tuesday next after the first Monday in No¬ 
vember, in the year eighteen hundred and seventy-six, is es¬ 
tablished as the day, in each of the States and Territories of 
the United States, for the election of Representatives and 
Delegates to the Forty-fifth Congress; and the Tuesday next 
after the first Monday in November, in every second year 
thereafter, is established as the day for the election, in each 
of said States and Territories, of Representatives and Dele¬ 
gates to the Congress, commencing on the fourth day of 
March next thereafter. (See Secs. 1863, 1905, 1906.) 

Vacancies. 

Sec. 26. The time for holding elections in any State, Dis¬ 
trict or Territory for a Representative or Delegate to fill a 
vacancy, whether such vacancy is caused by a failure to elect 
at the time prescribed by law, or by the death, resignation, 
or incapacity of a person elected, may be prescribed by the 
laws of the several States and Territories respectively. (See 
Secs. 5511, 5515, 5520.) 

Votes by Ballot. 

Sec. 27. All votes for Representatives in Congress must 
be by written or printed ballot; and all votes received or re¬ 
corded contrary to this section shall be of no effect. But 
this section shall not apply to any State voting otherwise 
whose election for Representatives occurs previous to the 
regular meeting of its Legislature next after the twenty-eighth 
day of February, eighteen hundred and seventy-one. 


REVISED STATUTES OF UNITED STATES. 


13 


CHAPTER VIII, TITLE II. (Page 17.) 

Contested Elections. 


Section 105. 
106. 

107. 

108. 

109. 

110 . 
111 . 
112 . 

113. 

114. 

115. 

116. 

117. 

118. 

119. 

120 . 
121 . 
122 . 

123. 

124. 

125. 

126. 

127. 

128. 

129. 

130. 


Notice of intention to contest. 

Time for answer. 

Time for taking testimony. . 

Notice of depositions; Service. 

Testimony taken at several places at same time. 

Who may issue subpoenas. 

What the subpoena shall contain. 

When Justices of the Peace may act. 

Depositions by consent. 

Service of subpoena. 

Witnesses need not attend out of the county. 

Penalty for failing to attend or testify. 

Witnesses outside of district. 

Party notified may select an officer. 

Depositions taken by party or agent. 

Examination of witnesses. 

Testimony, to what confined. 

Testimony, how written out and attested. 

Production of papers. 

Adjournments. 

Notice, etc., attached to depositions. 

Copy of notice and answer to accompanying testimony. 
How testimony to be sent to Clerk of House; how opened. 
Fees of witnesses. 

Fees of officers. 

Expenses of contest. 


Notice of Intention to Contest. 

Sec. 105. Whenever any person intends to contest an 
election of any member of the House of Representatives of 
the United States, he shall, within thirty days after the re¬ 
sult of such election shall have been determined by the offi¬ 
cer or board of canvassers authorized by law to determine 
the same, give notice, in writing, to the member whose seat 
he designs to contest, of his intention to contest the same, 
and, in such notice, shall specify particularly the grounds 
upon which he relies in the contest. 

Time for Answer. 

Sec. 106. Any member upon whom the notice mentioned 
in the preceding section may be served shall, within thirty 
days after the service thereof, answer such notice, admitting 
or denying the facts alleged therein, and stating specifically 


14 


EXTRACTS FROM 


any other grounds upon which he rests the validity of his 
election ; and shall serve a copy of his answer upon the con¬ 
testant. 

Time for taking Testimony. 

Sec. 107. In all contested election cases the time allowed 
for taking testimony shall be ninety days, and the testimony 
shall be taken in the following order : The contestant shall 
take testimony during the first forty days, the returned mem¬ 
ber during the succeeding forty days, and the contestant 
may take testimony in rebuttal only during the remaining 
ten days of said period. 

Notice of Depositions — Service. 

Sec. 108. The party desiring to take a deposition under the 
provisions of this chapter shall give the opposite party no¬ 
tice, in writing, of the time and place, when and where the 
same will be taken, of the name of the witnesses to be exam¬ 
ined, and their places of residence, and of the name of an of¬ 
ficer before whom the same will be taken. The notice shall 
be personally served upon the opposite party, or upon any 
agent or attorney authorized by him to take testimony or 
cross-examine witnesses in the matter of such contest, if, by 
the use of reasonable diligence, such personal service can 
be made, but if, by the use of such diligence, personal ser¬ 
vice cannot be made, the service may be made by leaving a 
duplicate of the notice at the usual place of abode of the 
opposite party, the notice shall be served so as to allow the 
opposite party sufficient time by the usual route of travel to 
attend, and one day for preparation, exclusive of Sundays 
and the day of service, testimony in rebuttal may be taken 
on five days 7 notice. 

Testimony taken at Several Places at Same Time. 

Sec. 109. Testimony in contested election cases may be 
taken at two or more places at the same time. 

Who may Issue Subpoenas. 

Sec. 110. When any contestant or returned member is 
desirous of obtaining testimony respecting a contested elec¬ 
tion, he may apply for a subpoena to either of the following- 
officers who may reside within the Congressional district in 
which the election to be contested -was held: 

First—Any Judge of any Court of the United States. 

Second—Any Chancellor, Judge, or Justice of a Court 
of record of any State. 


REVISED STATUTES OF UNITED STATES. 


15 


Third—Any Mayor, Recorder, or Intendant of any town 
or city. 

Fourth—Any Register in Bankruptcy or Notary Public, 
What the Subpoena shall Contain. 

Sec. 111. The officer to whom the application authorized 
by the preceding section is made, shall thereupon issue his 
writ of subpoena, directed to all such witnesses as shall 
be named to him, requiring their attendance before him, at 
some time and place named in the subpoena, in order to be 
examined respecting the contested election. 

When Justices of the Peace may Act. 

Sec. 112. In case none of the officers mentioned in Sec¬ 
tion one hundred and ten are residing in the Congressional 
district from which the election is proposed to be contested, 
the application thereby authorized may be made to any two 
Justices of the Peace residing within the district; and they 
may receive such application aiid jointly proceed upon it. 

Depositions by Consent. 

Sec. 113. It shall be competent for the parties, their 
agents or attorneys authorized to act in the premises, by 
consent in writing, to take depositions without notice ; also, 
by such written consent, to take depositions (whether upon 
or without notice) before any officer or officers authorized 
to take depositions in common law or civil actions, or in 
chancery, by either the laws of the United States or of the 
State in which the same may be taken, and to waive proof 
of the official character of such officer or officers. Any 
written consent given as aforesaid shall be returned with the 
depositions. 

Service of Subpoena. 

Sec. 114. Each witness shall be duly served with a sub¬ 
poena, by a copy thereof delivered to him or left at his usual 
place of abode, at least five days before the day on which 
the attendance of the witness is required. 

Witnesses need not Attend out of the County. 

Sec. 115. No witness shall be required to attend an ex¬ 
amination out of the county in which he may reside or be 
served with a subpoena. 

Penalty fen • Failing to Attend or Testify. 

Sec. 116. Any person who, having been summoned in 
the manner above directed, refuses or neglects to attend and 


16 


EXTRACTS FROM 


testify, unless prevented by sickness or unavoidable neces¬ 
sity, shall forfeit the sum of twenty dollars, to be recovered, 
with costs of suit, by the party at whose instance the sub¬ 
poena was issued, and for his use, by an action of debt, in 
any Court of the United States; and shall also be liable to 
an indictment for a misdemeanor, and punishment by fine 
and imprisonment. 

Witnesses Outside of District. 

Sec. 117. Depositions of witnesses residing outside of the 
district and beyond the reach of a subpoena may be taken 
before any officer authorized by law to take testimony in con¬ 
tested election cases in the district in which the witness to 
be examined may reside. 

Party Notified may Select an Officer. 

Sec. 118. The party notified as aforesaid, his agent or 
attorney, may, if he see fit, select an officer (having authority 
to take depositions in such cases) to officiate, with the officer 
named in the notice, in the taking of the depositions; and if 
both such officers attend, the depositions shall be taken be¬ 
fore them both, sitting together, and be certified by them 
both. But if only one of such officers attend, the deposi¬ 
tions may be taken before and certified by him alone. 

Depositions Taken by Party or Agent. 

Sec. 119. At the taking of any deposition under this 
Chapter, either party may appear and act in person, or .by 
agent or attorney. 

Examination of Witnesses. 

Sec. 120. All witnesses who attend in obedience to a 
subpoena, or who attend voluntarily at the time and place 
appointed, of whose examination notice has been given, as 
provided by this Chapter, shall then and there be examined 
on oath by the officer who issued the subpoena, or, in case of 
his absence, by any other officer who is authorized to issue 
such subpoena, or by the officer before whom the depositions 
are to be taken by written consent, or before whom the de¬ 
positions of witnesses residing outside of the district are to 
be taken, as the case may be, touching all such matters 
respecting the election about to be contested as shall be 
proposed by either of the parties or their agents. 

Testimony , to what Confined. 

Sec. 121. The testimony to be taken by either party to 
the contest shall be confined to the proof or disproof of the 


REVISED STATUTES OF UNITED STATES. 


17 


facts alleged or denied in the notice and answer mentioned 
in sections one hundred and five and one hundred and six. 

Testimony, how Written Out and Tested. 

Sec. 122. The officer shall cause the testimony of the 
witnesses, together with the questions proposed by the 
parties or their agents, to be reduced to writing in his pres¬ 
ence, and in the presence of the parties or their agents, if 
attending, and to be duly attested by the witnesses respec¬ 
tively. 

Production of Papers. 

Sec. 123. The officer shall have power to require the 
production of papers; and on the refusal or neglect of any 
person to produce and deliver up any paper or papers in his 
possession pertaining to the election, or to produce and de¬ 
liver up certified or sworn copies of the same in case they 
may be official papers, such person shall be liable to all the 
penalties prescribed in Section one hundred and sixteen. 
All papers thus produced, and all certified or sworn copies 
of official papers, shall be transmitted by the officer, with 
the testimony of the witnesses, to the Clerk of the House of 
Representatives. 

Adjournments. 

Sec. 124. The taking of the testimony may, if so stated 
in the notice, be adjourned from day to day. 

Notice, etc., Attached to Depositions. 

Sec. 125. The notice to take depositions, with the proof 
or acknowledgment of the service thereof, and a copy of the 
subpoena, where any has been served, shall be attached to 
the depositions when completed. 

Copy of Notice and Answer to Accompany Testimony. 

Sec. 126. A copy of the notice of contest and of the an¬ 
swer of the returned member, shall be prefixed to the depo¬ 
sitions taken, and transmitted with them to the Clerk of the 
House of Representatives. 

Hoio Testimony to he Sent to Clerk of House—How Opened. 

Sec. 127. All officers taking testimony to be used in a 
contested election case, whether by deposition or otherwise, 
shall, when the taking of the same is completed, and with¬ 
out unnecessary delay, certify and carefully seal and imme¬ 
diately forward the same, by mail, addressed to the Clerk of 
the House of Representatives of the United States, Wash- 
2 * 


18 


EXTRACTS FROM 


ington, D. C.; and shall also endorse upon the envelope con¬ 
taining such deposition or testimony the name of the case 
in which it is taken, together with the name of the party in 
whose behalf it is taken, and shall subscribe such endorse¬ 
ment. Upon the written request of either party the Clerk 
of the House of Representatives shall open any deposition 
at any time after he shall have received the same, and he 
may furnish either party with a copy thereof. 

Fees of Witnesses. 

Sec. 128. Every witness attending by virtue of any subpoena 
herein directed to be issued shall be entitled to receive the 
sum of seventy-five cents for each day’s attendance, and the 
further sum of five cents for every mile necessarily traveled 
in going and returning; such allowance shall be ascertained 
and certified by the officer taking the examination, and 
shall be paid by the party at whose instance such witness 
was summoned. 

Fees of Officers. 

Sec. 129. Each Judge, Justice, Chancellor, Chief Ex¬ 
ecutive officer of a town or city, Register in Bankruptcy, 
Notary Public and Justice of the Peace, who shall be neces¬ 
sarily employed pursuant to the provisions of this Chapter, 
and all Sheriffs, Constables or other officers who may be em¬ 
ployed to serve any subpoena or notice herein authorized, 
shall be entitled to receive from the party at whose instance 
the service shall have been performed, such fees as are al¬ 
lowed for similar services in the State wherein such service 
may be rendered. 

Expense of Contest. 

Sec. 130. No payment shall be made by the House of 
Representatives, out of its contingent fund or otherwise, to 
either party to a contested election case for expenses incur¬ 
red in prosecuting or defending the same. 


CHAPTER I, TITLE III. (Page 21.) 

Presidential Elections. 

Section 131. Time of appointing Electors. 

132. Number of Electors. 

133. Vacancies in Electoral College. 

134. Failure to make a choice on the appointed day. 

135. Meeting of Electoral College. 



REVISED STATUTES OF UNITED STATES. 


19 


Section 136. 

137. 

138. 

139. 

140. 

141. 

142. 

143. 

144. 
146. 

146. 

147. 

148. 

149. 
160. 

151. 


List of names of Electors to be furnished to them. 

Manner of voting. 

Certificates to be made and signed. 

Certificates to be sealed and indorsed. 

Transmission of the certificates. 

When Secretary of State shall send for District Judge’s list. 
Counting the Electoral votes in Congress. 

Provision for absence of President of the Senate. 

Mileage of Messengers. 

Forfeiture for Messengers’ neglect of duty. 

Vacancy in both offices. 

Notification of vacancies to be published. 

Requisites of the notification. 

Time of holding election to fill vacancy. 

Regulations for quadrennial election made applicable to election 
to fill vacancies. 

Resignation or refusal of office. 


Time of Appointing Electors . 

Sec. 131. Except in case of a presidential election prior 
to the ordinary period as specified in sections one hundred 
and forty-seven to one hundred and forty-nine, inclusive, 
when the offices of President and Vice-President both be¬ 
come vacant, the Electors of President and Vice-President 
shall be appointed in each State on the Tuesday next after 
the first Monday in November, in every fourth year succeed¬ 
ing every election of a President and Vice-President. 

[See sec. 5520.] 

Number of Electors. 

Sec. 132. The number of Electors shall be equal to the 
number of Senators and Representatives to which the sev¬ 
eral States are by law entitled at the time when the Presi¬ 
dent and Vice-President to be chosen come into office; ex¬ 
cept, that where no apportionment of Representatives has 
been made after any enumeration at the time of choosing 
Electors, the number of Electors shall be according to the* 
then existing apportionment of Senators and Representa¬ 
tives. 

Vacancies in Electoral College . 

Sec. 133. Each State may, by law, provide for the filling 
of any vacancies which may occur in its college of Electors 
when such college meets to give its electoral vote. 

Failure to make a Choice on the Appointed Day. 

Sec. 134. Whenever any State has held an election for 
the purpose of choosing Electors, and has failed to make a 


20 


EXTRACTS FROM 


choice on the day prescribed by law, the Electors may be ap¬ 
pointed on a subsequent day in such a manner as the Legis¬ 
lature of such State may direct. 

Meeting of Electoral College. 

Sec. 135. The Electors for each State shall meet and give 
their votes upon the first Wednesday in December in the 
year in which they are appointed, at such place, in each 
State, as the Legislature of such State shall direct. 

List of Names of Electors to be Furnished to Them. 

Sec. 136. It shall be the duty of the Executive of each 
State to cause three lists of the names of the Electors of 
such State to be made and certified, and to be delivered to 
the Electors on or before the day on which they are required 
by the preceding section to meet. 

Manner of Voting . 

Sec. 137. The Electors shall vote for President and "Vice- 
President, respectively, in the manner directed by the Con¬ 
stitution. 

Certificates to be Made and Signed. 

Sec. 138. The Electors shall make and sign three certifi¬ 
cates of all the votes given by them, each of which certificates 
shall contain two distinct lists, one of the votes for President 
and the other of the votes for Vice-President, and shall an¬ 
nex to each of the certificates one of the lists of the Electors 
which shall have been furnished to them by direction of the 
Executive of the State. 

Certificates to be Sealed and Endorsed. 

Sec. 139. The Electors shall seal up the certificates so 
made by them, and certify upon each that the lists of all the 
votes of such State given for President, and of all the votes 
♦ given for Vice-President are contained therein. 

Transmission of the Certificates. 

Sec. 140. The Electors shall dispose of the certificates 
thus made by them in the following manner : 

One—They shall, by writing, under their hands, or under 
the hands of a majority of them, appoint a person to take 
charge of and deliver to the President of the Senate, at the 
seat of government, before the first Wednesday in January 
then next ensuing, one of the certificates. 

Two—They shall forthwith forward by the postoffice to 


REVISED STATUTES OF UNITED STATES. 21 

the President of the Senate, at the seat of government, one 
other of the certificates. 

Three—They shall forthwith cause the other of the cer¬ 
tificates to be delivered to the Judge of that district in 
which the Electors shall assemble. 

When ilie Secretary of State, shall sendfor District Judges List. 

Sec. 141. Whenever a certificate of votes from any State 
has not been received at the seat of government on the first 
Wednesday of January indicated by the preceding section, 
the Secretary of State shall send a special messenger to the 
District Judge in whose custody one certificate of the votes 
from that State has been lodged, and such Judge shall forth¬ 
with transmit that list to the seat of government. 

Counting the Electoral Vote in Congress. 

Sec. 142. Congress shall be in session on the second 
Wednesday in February succeeding every meeting of the 
Electors, and the certificates, or so many of them as have 
been received, shall then be opened, the votes counted, and 
the persons to fill the offices of President and Yice-President 
ascertained and declared, agreeable to the Constitution. 

Provision for Absence of the President of the Senate. 

Sec. 143. In case there shall be no President of the 
Senate at the seat of government on the arrival of the per¬ 
sons intrusted with the certificates of the votes of the Elec¬ 
tors, then such persons shall deliver such certificates into 
the office of the Secretary of State, to be safely kept and 
delivered over as soon as may be to the President of the 
Senate. 

Mileage of Messengers. 

Sec. 144. Each of the persons appointed by the Electors 
to deliver the certificates of votes to the President of the 
Senate shall be allowed, on the delivery of the list intrusted 
to him, twenty-five cents for every mile of the estimated 
distance, by the most usual road, from the place of meeting 
of the Electors to the seat of government of the United 
States. 

Forfeiture for Messengers' Neglect of Duty. 

Sec. 145. Every person who, having been appointed, 
pursuant to Subdivision one of Section one hundred and 
forty, or to Section one hundred and forty-one, to deliver 
the certificates of the votes of the Electors to the President 
of the Senate, and, having accepted such appointment, shall 


22 


EXTRACTS FROM 


neglect to perform the services required from him, shall for¬ 
feit the sum of one thousand dollars. 

Vacancies in both Offices. 

Sec. 146. In case of removal, death, resignation, or in¬ 
ability of both the President and Vice-President of the 
United States, the President of the Senate, or, if there is 
none, then the Speaker of the House of Bepresentatives, for 
the time being, shall act as President until the disability is 
removed or a President elected. 

Notification of Vacancies to be Published. 

Sec. 147. Whenever the offices of President and Vice- 
President both become vacant, the Secretary of State shall 
forthwith cause a notification thereof to be made to the 
Executive of every State, and shall also cause the same to 
be published in at least one of the newspapers printed in 
each State. 

Requisites of the Notification. 

Sec. 148. The notification shall specify that Electors of 
a President and Vice-President of the United States shall 
be appointed or chosen in the several States as follows: 

First—If there shall be the space of two months yet to 
ensue between the date of such notification and the first 
Wednesday in December then next ensuing, such notifica¬ 
tion shall specify that the Electors shall be appointed or 
chosen within thirty-four days preceding such first Wednes¬ 
day in December. 

Second—If there shall not be the space of two months 
between the date of such notification and such first Wednes¬ 
day in December, and if the term for which the President 
and Vice-President last in office were elected will not expire 
on the third day of March next ensuing, the notification 
shall specify that the Electors shall be appointed or chosen 
within thirty-four days preceding the first Wednesday in 
December in the year next ensuing. But if there shall not 
be the space of two months between the date of such notifi¬ 
cation and the first Wednesday in December then next en¬ 
suing, and if the term for which the President and Vice- 
President last in office were elected will expire on the third 
day of March next ensuing, the notification shall not specify 
that Electors are to be appointed or chosen. 

Time of Holding Election to Fill Vacancy. 

Sec. 149. Electors appointed or chosen upon the notifi- 


REVISED STATUTES OF UNITED STATES. 


23 


cation prescribed by the preceding section shall meet and 
give their votes upon the first Wednesday of December 
specified in the notification. 

Regulations for Quadrennial Election made Applicable to Elec¬ 
tion to Fill Vacancies. 

Sec. 150. The provisions of this Title, relating *to the 
quadrennial election of President and Yice-President, shall 
apply with respect to any election to fill vacancies in the 
ofiices of President and Vice-President, held upon a notifi¬ 
cation given when both offices become vacant. 

Resignation or Ref usal of Office. 

Sec. 151. The only evidence of a refusal to accept, or of 
a resignation of the office of President or Vice-President, 
shall be an instrument in writing declaring the same, and 
subscribed by the person refusing to accept or resigning, as 
the case may be, and delivered into the office of the Secretary 
of State. 


Extract from TITLE XXIV. (Page 348.) 
Civil Rights. 


Section 1977. 

Equal rights under the law. 

1978. 

Rights of citizens in respect to real and personal property. 

1979. 

Civil action for deprivation of rights. 

1980. 

Conspiracy. 

1981. 

Action for neglect to prevent conspiracy. 

1982. 

District Attorney, etc., to prosecute. 

1983. 

Commissioners. 

1984. 

They may appoint persons to execute warrants, etc. 

1985. 

Marshals to obey precepts, etc. 

1986. 

Fees of District Attorney, etc. 

1987. 

Of persons appointed to execute process, etc. 

1988. 

Speedy trial. 

1989. 

Aid of the military and naval forces. 

1990. 

Peonage abolished. 

1991. 

Foregoing section, how enforced. 


Conspiracy to Prevent Voter from Voting , etc.—Injured Party 
may have Action for Damages. 

Sec. 1980. * * * * * * 

Third. If two or more persons in any State or Territory 
conspire, or go in disguise on the highway or on the prem- 



24 


EXTEACTS FEOM 


ises of another, for the purpose of depriving, either directly 
or indirectly, any person or class of persons of the equal 
protection of the laws, or of equal privileges and immuni¬ 
ties under the laws; or for the purpose of preventing or 
hindering the constituted authorities of any State or Terri¬ 
tory from giving or securing to all persons within such 
State or Territory the equal protection of the laws; or if 
two or more persons conspire to prevent by force, intimida¬ 
tion, or threat, any citizen who is lawfully entitled to vote, 
from giving his support or advocacy, in a legal manner, 
toward or in favor of the election of any lawfully qualified 
person as an Elector for President or Vice-President, or as 
a member of Congress of the United States; or to injure 
any citizen in person or property on account of such sup¬ 
port or advocacy; in any case of conspiracy set forth in this 
section, if one or more persons engaged therein do, or cause 
to be done, any act in furtherance of the object of such 
conspiracy, whereby another is injured in his person or 
property, or deprived of having and exercising any right or 
privilege of a citizen of the United States, the party so 
injured or deprived may have an action for the recovery of 
damages, occasioned by such injury or deprivation, against 
any one or more of the conspirators. (See Secs. 563, 629.) 

Action for Neglect to Prevent Conspiracy. 

Sec. 1981. Every person who, having knowledge that 
any of the wrongs conspired to be done, and mentioned in 
the preceding section, are about to be committed, and hav¬ 
ing power to prevent or aid in preventing the commission of 
the same, neglects or refuses so to do, if such wrongful act 
bo committed, shall be liable to the party injured, or his 
legal representatives, for all damages caused by such wrong¬ 
ful act, which such person by reasonable diligence could 
have prevented; and such damages may be recovered in an 
action on the case ; and any number of persons guilty of 
such wrongful neglect or refusal may be joined as defend¬ 
ants in the action; and if the death of any party be caused 
by any such wrongful act and neglect, the legal representa¬ 
tives of the deceased shall have such action therefor, and 
may recover not exceeding five thousand dollars damages 
therein, for the benefit of the widow of the deceased, if 
there be one, and if there be no widow, then for the benefit 
of the next of kin of the deceased. But no action under 
the provisions of this section shall be sustained which is 
not commenced within one year after the cause of action 
lias accrued. (See Sec. 629.) 


REVISED STATUTES OF UNITED STATES. 


25 


District Attorney, etc., to Prosecute. 

Sec. 1982. The District Attorneys, Marshals, and Deputy 
Marshals, the Commissioners appointed by the Circuit and 
Territorial Courts, with power to arrest, imprison, or bail 
offenders, and every other officer who is especially empow¬ 
ered by the President, are authorized and required, at the 
expense of the United States, to institute prosecutions 
against all persons violating any of the provisions of Chap¬ 
ter seven of the Title “ Crimes,” and to cause such persons 
to be arrested, and imprisoned or bailed, for trial before 
the Court of the United States or the Territorial Court hav¬ 
ing cognizance of the offense. 

Co mmissioners. 

Sec. 1983. The Circuit Courts of the United States and 
the District Courts of the Territories, from time to time, 
shall increase the number of Commissioners, so as to afford 
a speedy and ^convenient means for the arrest and examina¬ 
tion of persons charged with the crimes referred to in the 
preceding section; and such Commissioners are authorized 
and required to exercise all the powers and duties conferred 
on them herein with regard to such offenses in like manner 
as they are authorized by law to exercise with regard to 
other offenses against the laws of the United States. 

They may Appoint Persons to Execute Warrants, etc. 

Sec. 1984. The Commissioners authorized to be ap¬ 
pointed by the preceding section are empowered, within 
their respective counties, to appoint, in writing, under their 
hands, one or more suitable persons, from time to time, 
who shall execute all such warrants or other process as 
the Commissioners may issue in the lawful performance of 
their duties, and the persons so appointed shall have au¬ 
thority to summon and call to their aid the bystanders or 
posse comitatus of the proper county, or such portion of the 
land or naval forces of the United States, or of the militia, 
as may be necessary to the performance of the duty with 
which they are charged; and such warrants shall run and 
be executed anywdiere in the State or * Territory within 
which they are issued. (See Sec. 5516.) 

Marshal to Obey Precepts, etc. 

Sec. 1985. Every Marshal and Deputy Marshal shall 
obey and execute all warrants or other process, when di¬ 
rected to him, issued under the provisions hereof. (See 
Sec. 5516.) 


26 


EXTRACTS FROM 


TITLE XXV. (Page 351.) 


Citizenship. 


Section 1992. 

1993. 

1994. 

1995. 

1996. 

1997. 

1998. 

1999. 

2000. 
2001. 


Who are citizens. 

Citizenship of children of citizens born abroad. 

Citizenship of married women. 

Of persons born in Oregon. 

Rights as citizens forfeited for desertion, etc. 

Certain soldiers and sailors not to incur the forfeitures of the 
last Section. 

Avoiding the draft. 

Right of expatriation declared. 

Protection to naturalized citizens in Foreign States. 

Release of citizens imprisoned by Foreign Governments to be 
demanded. 


Who are Citizens. 

Sec. 1992. All persons born in the United States and 
not subject to any foreign power, excluding Indians not 
taxed, are declared to be citizens of the United States. 


Citizenship of Children of Citizens Born Abroad. 

Sec. 1993. All children heretofore born or hereafter born 
out of the limits and jurisdiction of the United States, 
whose fathers were or may be at the time of their birth citi¬ 
zens thereof, are declared to be citizens of the United 
States; but the rights of citizenship shall not descend to 
children whose fathers never resided in the United States. 


Citizenship of Married Women. 

Sec. 1994. Any women who is now or may hereafter be 
married to a citizen of the United States, and who might 
herself be lawfully naturalized, shall be deemed a citizen. 

Of Persons Born in Oregon. 

Sec. 1995. All persons born in the district of country 
formerly known as the Territory of Oregon, and subject tc> 
the jurisdiction of the United States on the 18th May, 1872, 
are citizens in the same manner as if born elsewhere in the 
United States. 

Rights as Citizens Forfeited for Desertion, etc. 

Sec. 1996. All persons who deserted the military or 
naval service of the United States and did not return there¬ 
to or report themselves to a provost-marshal within sixty 


REVISED STATUTES OF UNITED STATES. 


27 


days after the issuance of the proclamation by the Presi¬ 
dent, dated the lltli day of March, 1865, are deemed to 
have voluntarily relinquished and forfeited their rights of 
citizenship, as well as their right to become citizens; and 
such deserters shall be forever incapable of holding any 
office of trust or profit under the United States, or of exer¬ 
cising any rights of citizens thereof. 

Certain Soldiers and Sailors not to incur the Forfeitures of the 
^ last Section. 

Sec. 1997. No soldier or sailor, however, who faithfully 
served according to his enlistment until the 19th day of 
April, 1865, and who, without proper authority or leave first 
obtained, quit his command or refused to serve after that 
date, shall be held to be a deserter from the Army or Navy; 
but this section shall be construed solely as a removal of 
any disability such soldier or sailor may have incurred, 
under the preceding section, by the loss of citizenship and 
of the right to hold office, in consequence of his desertion. 

Avoiding the Draft. 

Sec. 1998. Every person who hereafter deserts the mili¬ 
tary or naval service of the United States, or who, being 
duly enrolled, departs the jurisdiction of the district in 
which he is enrolled, or goes beyond the limits of the 
United States, with intent to avoid any draft into the mili¬ 
tary or naval service, lawfully ordered, shall be liable to all 
the penalties and forfeitures of Section nineteen hundred 
and ninety-six. 


TITLE XXVI. (Page 353.) 
The Elective Franchise. 


Section 2002. 

2003. 

2004. 

2005. 

2006. 

2007. 

2008. 

2009. 

2010. 


Bringing armed troops to places of election. 

Interference with freedom of election by officers of Army or 
Navy. 

Race, color, or previous condition not to affect the right to 
vote. 

Nor the performance of any prerequisite. 

Penalty for refusing to give full effect to preceding section. 
What shall entitle a person to vote. 

Penalty for wrongfully refusing to receive a vote. 

For unlawfully hindering a person from voting. 

Remedy for deprivation of office. 



28 


EXTRACTS FROM 


Section 2011. 


2012. 

2013. 

2014. 

2015. 

2016. 

2017. 

2018. 

2019. 

2020. 
2021 . 
2022. 

2023. 

2024. 

2025. 

2026. 

2027. 

2028. 

2029. 

2030. 

2031. 


In cities or towns of over 20,000 inhabitants, upon written ap¬ 
plication of two citizens, the Circuit Judge to open Court. 
Supervisors of election. 

Court to be kept open. 

District Judge may perform duties of Circuit Judge. 
Construction of preceding section. 

Duties of Supervisors of elections. 

Attendance at elections. 

To personalty scrutinize and count each ballot. 

Their positions. 

When molested. 

Special deputies. 

Duties of Marshals. 

Persons arrested to be taken forthwith before a Judge, etc. 
Assistance of bystanders. 

Chief Supervisors of elections. 

Their duties. 

Marshals to forward complaint to Chief Supervisors. 
Supervisors and Deputy Marshals to be qualified voters, etc. 
Certain Supervisors not to make arrests, etc. 

No more Marshals or Deputy Marshals to be appointed than 
now authorized. 

Pay of Supervisors. 


Bringing Armed Troops to Places of Election. 

Sec. 2002. No military or naval officer, or other person 
engaged in the civil, military, or naval service of the United 
States, shall order, bring, keep, or have under his authority 
or control, any troops or armed men at the place where any 
general or special election is held in any State, unless it 
be necessary to repel the armed enemies of the United 
States, or to keep the peace at the polls. (See Secs. 5528, 
5529, 5532.) 

Interference ivitli Freedom of Elections by Officers of Army or 

Navy. 

Sec. 2003. No officer of the army or navy of the United 
States shall prescribe or fix, or attempt to prescribe or fix, 
by proclamation, order, or otherwise, the qualifications of 
voters in any State, or in any manner interfere with the free¬ 
dom of any election in any State, or with the exercise of the 
free right of suffrage in any State. (See Secs. 5530, 5532.) 

Race , Color, or Previous Condition not to Affect the Right to Vote. 

Sec. 2004. All citizens of the United States who are 
otherwise qualified b}^ law to vote at any election by the 
people in any State, Territory, district, county, city, parish, 


REVISED STATUTES OF UNITED STATES. 


29 


township, school district, municipality, or other territorial 
subdivision, shall be entitled and allowed to vote at all such 
elections, without distinction of race, color, or previous con¬ 
dition of servitude; any constitution, law, custom, usage, or 
regulation of any State or Territory, or by or under its au¬ 
thority, to the contrary notwithstanding. 

Nor the Performance of any Prerequisite. 

Sec. 2005. When, under the authority of the Constitu¬ 
tion or laws of any State, or the laws of any Territory, 
any act is required to be done as a prerequisite or quali¬ 
fication for voting, and by such Constitution or laws persons 
or officers are charged with the duty of furnishing to the citi¬ 
zens an opportunity to perform such prerequisite, or to be¬ 
come qualified to vote, every such person and officer shall 
give to all citizens of the United States the same and equal 
opportunity to perform such prerequisite, and to become 
qualified to vote. 

Penalty for Refusing to Give Full Effect to Preceding Section. 

Sec. 2006. Every person or officer charged with the duty 
specified in the preceding section, who refuses or knowingly 
omits to give full effect to that section, shall forfeit the sum 
of five hundred dollars to the party aggrieved by such re¬ 
fusal or omission, to be recovered by an action on the case, 
with costs, and such allowance for counsel fees as the court 
may deem just. 

What Shall Entitle a Person to Vote. 

Sec. 2007. Whenever under the authority of the Consti¬ 
tution or laws of any State, or the laws of any Territory, any 
act is required to be done by a citizen as a prerequisite to 
qualify or entitle him to vote, the offer of such citizen to 
perform the act required to be done shall, if it fail to be car¬ 
ried into execution by reason of the wrongful act or omis¬ 
sion of the person or officer charged with the duty of receiv¬ 
ing or permitting such performance or offer to perform, or 
acting thereon, be deemed and held as a performance in law 
of such act; and the person so offering and failing to vote, 
and being otherwise qualified, shall be entitled to vote in 
the same manner and to the same extent as if he had in fact 
performed such act. 

Penalty for Wrongfully Refusing to Receive a Vote. 

Sec. 2008. Every Judge, Inspector, or other officer of 
election whose duty it is to receive, count, certify, register, 


30 


EXTRACTS FROM 


report, or give effect to the vote of such citizen who wrong¬ 
fully refuses or omits to receive, count, certify, register, 
report or give effect to the vote of such citizen upon the 
presentation by him of his affidavit, stating such offer and 
the time and place thereof, and the name of the officer or 
person whose duty it was to act thereon, and that he was 
wrongfully prevented by such person or officer from per¬ 
forming such act, shall forfeit the sum of five hundred dol¬ 
lars to the party aggrieved by such refusal or omission, to 
be recovered by an action on the case, with costs, and such 
allowance for counsel fees as the court may deem just. 

For Unlawfully Hindering a Person from Voting. 

Sec. 2009. Every officer or other person, having powers 
or duties of an official character to discharge under any of 
the provisions of this Title, who by threats, or any unlawful 
means, hinders, delays, prevents, or obstructs, or combines 
and confederates with others to hinder, delay, prevent, or 
obstruct any citizen from doing any act required to be done 
to qualify him to vote, or from voting at any election in any 
State, Territory, district, county, city, parish, township, 
school district, municipality, or other territorial subdivi¬ 
sion, shall forfeit the sum of five hundred dollars to the per¬ 
son aggrieved thereby, to be recovered by an action on the 
case, with costs, and such allowance for counsel fees as the 
court may deem just. 

Remedy for Deprivation of Office. 

Sec. 2010. Whenever any person is defeated or deprived 
of his election to any office, except Elector of President or 
Vice-President, Representative or Delegate in Congress, or 
member of a State Legislature, by reason of the denial to 
any citizen who may offer to vote, of the right to vote, on 
account of race, color, or previous condition of servitude, 
his right to hold and enjoy such office, and the emoluments 
thereof, shall not be impaired by such denial; and the per¬ 
son so defeated or deprived may bring any appropriate suit 
or proceeding to recover possession of such office, and in 
cases where it appears that the sole question touching the 
title to such office arises out of the denial of the right to vote 
to citizens who so offered to vote, on account of race, color, 
or previous condition of servitude, such suit or proceeding 
may be instituted in the Circuit or District Court of the 
United States of the circuit or district in which such person 
resides. And the Circuit or District Court shall have, concur¬ 
rently with the State courts, jurisdiction thereof, so far as to 


REVISED STATUTES OF UNITED STATES. 


31 


determine the rights of the parties to such office by reason of 
the denial of the right guaranteed by the fifteenth article of 
amendment to the Constitution of the United States, and se¬ 
cured herein. (See Secs. 563, 629.) 

In Cities or Towns of Over 20,000 Inhabitants, etc., upon 
Written Application of Two Citizens the Circuit Judge 
to Open Court. 

Sec. 2011. Whenever, in any city or town having up¬ 
ward of twenty thousand inhabitants, there are two citizens 
thereof, or whenever, in any county or parish, in any con¬ 
gressional district, there are ten citizens thereof, of good 
standing, who, prior to any registration of voters for an 
election for Representative or Delegate in the Congress of 
the United States, or prior to any election at which a Rep¬ 
resentative or Delegate in Congress is to be voted for, may 
make known, in writing, to the Judge of the Circuit Court of 
the United States for the circuit wherein such city or town, 
county or parish, is situated, their desire to have such regis¬ 
tration, or such election, or both, guarded and scrutinized, 
the Judge, within not less than ten days prior to the regis¬ 
tration, if one there be, or, if no registration be required, 
within not less than ten days prior to the election, shall 
open the Circuit Court at the most convenient point in the 
circuit. 

Supervisors of Election. 

Sec. 2012. The Court, when so opened by the Judge, 
shall proceed to appoint and commission, from day to day, 
and from time to time, and under the hand of the Judge, 
and under the seal of the Court, for each election district or 
voting precinct in such city or town, or for such election 
district or voting precinct in the congressional district, as 
may have applied in the manner hereinbefore prescribed, 
and to revoke, change, or renew such appointment from 
time to time, two citizens, residents of the city ‘or town, or 
of the election district or voting precinct in the county or 
parish, who shall be of different political parties, and able 
to read and write the English language, and who shall be 
kn own and designated as Supervisors of Election. (See Secs. 
5521-5522.) 

Court to be Kept Open. 

Sec. 2013. The Circuit Court, when opened by the 
Judge as required in the two preceding sections, shall 
therefrom and thereafter, and up to and including the day 
following the day of election, be always Open for the trans- 


32 


EXTRACTS FROM 


action of business under this Title, and the powers and 
jurisdiction hereby granted and conferred shall be exercised 
as well in vacation as in term time; and a Judge sitting at 
chambers slia]l have the same powers and jurisdiction, in¬ 
cluding the power of keeping order and of punishing any 
contempt of his authority, as when sitting in Court. 

District Judge may Perform Didies of Circuit Judge. 

Sec. 2014. Whenever, from any cause, the Judge of the 
Circuit Court in any judicial circuit is unable to perform 
and discharge the duties herein imposed, he is required to 
select and assign to the performance thereof, in his place, 
such one of the Judges of the District Courts within his 
circuit as he may deem best; and upon such selection and 
assignment being made, the District Judge so designated 
shall perform and discharge, in the place of the Circuit 
Judge, all the duties, powers and obligations imposed and 
conferred upon the Circuit Judge by the provisions hereof. 

Construction of Preceding Section. 

Sec. 2015. The preceding section shall be construed to 
authorize each of the Judges of the Circuit Courts of the 
United States to designate one or more of the Judges of the 
District Courts within his circuit to discharge the duties 
arising under this Title. 

Duties of Supervisors of Elections. 

Sec. 2016. The Supervisors of Election, so appointed, 
are authorized and required to attend at all times and places 
fixed for the registration of voters, who, being registered, 
would be entitled to vote for a Bepresentative or Delegate 
in Congress, and to challenge any person offering to regis¬ 
ter; to attend at all times and places when the names of 
registered voters may be marked for challenge, and to cause 
such names registered as they may deem proper to be so 
marked; to make, when required, the lists, or either of 
them, provided for in Section two thousand and twenty-six, 
and verify the same; and upon any occasion, and at any 
time, when in attendance upon the duty herein prescribed, 
to personally inspect and scrutinize such registry, and for 
purposes of identification to affix their signature to each 
page of the original list and of each copy of any such list of 
registered voters, at such times, upon each day when any 
name may be received, entered, or registered, and in such 
manner as will, in their judgment, detect and expose the 
improper or wrongful removal therefrom, or addition there¬ 
to, of any name. 


REVISED STATUTES OF UNITED STATES. 


33 


Attendance at Elections. 

Sec. 2017. Tlie Supervisors of Election are authorized 
and required to attend at all times and places for holding- 
elections of Representatives or Delegates in Congress, and 
for counting the votes cast at such elections; to challenge 
any vote offered by any person whose legal qualifications 
the Supervisors, or either of them, may doubt; to be and 
remain where the ballot-boxes are kept at all times after the 
polls are open until every vote cast at such time and place 
lias been counted, the canvass of all votes polled wholly 
completed, and the proper and requisite certificates or re¬ 
turns ihade, whether the certificates or returns be required 
under any law of the United States, or any State, Territorial 
or municipal law, and to personally inspect and scrutinize, 
from time to time, and at all times on the day of election, 
the manner in which the voting is done, and the way and 
method in which the poll-books, registry-lists, and tallies 
or check-books, whether the same are required by any law 
of the United States, or any State, Territorial, or municipal 
law, are kept. 

To Personally Scrutinize and Count each Ballot. 

Sec. 2018. To the end that each candidate for the office 
of Representative or Delegate in Congress may obtain the 
benefit of every vote for him cast, the supervisors of elec¬ 
tion are, and each of them is, required to personally scru¬ 
tinize, count, and canvass each ballot in their election dis¬ 
trict or voting precinct cast, whatever may be the endorse¬ 
ment on the ballot, or in whatever box it may have been 
placed or be found; to make and forward to the officer who, 
in accordance with the provisions of Section two thousand 
and twenty-five, has been designated as the chief supervisor 
of the judicial district in which the city or town wherein 
they may serve, acts, such certificates and returns of all 
such ballots as such officer may direct and require, and to 
attach to the registry-list, and any and all copies thereof and 
to any certificate, statement, or return, whether the same, 
or any part or portion thereof, be required by any law of 
the United States, or of any State, Territorial, or municipal 
law, any statement touching the truth or accuracy of the 
registry, or the truth or fairness of the election and canvass, 
which the supervisors of the election, or either of them, 
may desire to make or attach, or which should properly and 
honestly be made or attached, in order that the facts may 
become known. 


3* 


34 


EXTRACTS FROM 


Their Positions. 

Sec. 2019. The better to enable the supervisors of elec¬ 
tion to discharge their duties, they are authorized and di¬ 
rected, in their respective election districts or voting pre¬ 
cincts, on the day of registration, on the day when regis¬ 
tered voters may be marked to be challenged, and on the 
day of election, to take, occupy, and remain in such posi¬ 
tion, from time to time, whether before or behind the bal¬ 
lot-boxes, as will, in their judgment best enable them to 
see each person offering himself for registration or offering 
to vote, and as will best conduce to their scrutinizing the 
manner in which the registration or voting is being con¬ 
ducted; and at the closing of the polls for the reception of 
votes, they are required to place themselves in such position, 
in relation to the ballot-boxes for the purpose of engaging 
in the work of canvassing the ballots, as will enable them to 
fully perform the duties in respect to such canvass provided 
herein, and shall there remain until every duty in respect 
to such canvass, certificates, returns, and statements has 
been wholly completed. (See Sec. 5521.) 

When Molested. 

Sec. 2020. When in any election district or voting pre¬ 
cinct in any city or town, for which there have been ap¬ 
pointed supervisors of election for any election at which a 
Representative or Delegate in Congress is voted for, the su¬ 
pervisors of election are not allowed to exercise and dis¬ 
charge, fully and freely, and without bribery, solicitation, 
interference, liinderance, molestation, violence, or threats 
thereof, on the part of any person, all the duties, obliga¬ 
tions, and powers conferred upon them by law, the supervi¬ 
sors of election shall make prompt report, under oath, with¬ 
in ten days after the day of election to the officer who, in 
accordance with the provisions of Section two thousand and 
twenty-five, has been designated as the chief supervisor of 
the judicial district in which the city or town wherein they 
served, acts, of the manner and means by which they were 
not so allowed to fully and freely exercise and discharge the 
duties and obligations required and imposed herein. And 
upon receiving any such report, the chief supervisor, acting 
both in such capacity and officially as a commissioner of the 
Circuit Court, shall forthwith examine into all the facts; 
and he shall have power to subpoena and compel the attend¬ 
ance before him of any witness, and to administer oaths 
and take testimony in respect to the charges made; and 
prior to the assembling of the Congress for which any such 


REVISED STATUTES OF UNITED STATES. 


35 


Representative or Delegate was voted for, he shall file with 
the Clerk of the House of Representatives all the evidence 
by him taken, all information by him obtained, and all re¬ 
ports to him made. (See Sec. 5522.) 

Special Deputy Marshals. 

Sec. 2021. Whenever an election at which Representa¬ 
tives or Delegates in Congress are to be chosen is held in 
any city or town of twenty thousand inhabitants or upwards 
the marshal for the district in which the city or town is sit¬ 
uated shall, on the application, in writing, of at least two 
citizens residing in such city or town, appoint special dep¬ 
uty marshals, whose duty it shall be, when required thereto, 
to aid and assist the supervisors of election in the verifica¬ 
tion of any list of persons who may have registered or voted; 
to attend in each election district or voting precinct at the 
times and places fixed for the registration of voters, and at 
all times and places when and where the registration may 
by law be scrutinized, and the names of registered voters be 
marked for challenge ; and also to attend, at all times for 
holding elections, the polls in such district or precinct. 

Duties of Marshals. 

Sec. 2022. The marshal and his general deputies, and 
such special deputies, shall keep the peace, and support 
and protect the supervisors of election in the discharge of 
their duties, preserve order at such places of registration 
and at such polls, prevent fraudulent registration and fraud¬ 
ulent voting thereat, or fraudulent conduct on the part of 
any officer of election; and immediately, either at the place 
of registration or polling place, or elsewhere, and either be¬ 
fore or after registering or voting, to arrest and take into 
custody, with or without process, any person who commits, 
or attempts, or offers to commit, any of the acts or offenses 
prohibited herein, or who commits any offense against the 
laws of the United States ; but no person shall be arrested 
without process for any offense not committed in the pres¬ 
ence of the marshal or his general or special deputies, or 
either of them, or of the supervisors of election, or either 
of them, and, for the purposes of arrest or the preservation 
of the peace, the supervisors of election shall, in the absence 
of the marshal’s deputies, or if required to assist such depu¬ 
ties, have the same duties and powers as deputy marshals ; 
nor shall any person, on the.day of such election, be arrest¬ 
ed without process for any offense committed on the day of 
registration. (See Secs. ,5521, 5522.) 


36 


EXTEACTS FEOM 


Persons Arrested to be Taken Forthwith Before a Judge , etc. 

Sec. 2023. Whenever any arrest is made under any pro¬ 
vision of this Title, the person so arrested shall forthwith be 
brought before a commissioner, judge, or court of the 
United States for examination of the offenses alleged 
against him ; and such commissioner, judge or court shall 
proceed in respect thereto as authorized by law in case of 
crimes against the United States. 

Assistance of Bystanders. 

Sec. 2024. The marshal or his general deputies, or such 
special deputies as are thereto specially empowered by him 
in writing, and under his hand and seal, whenever he, or 
either, or any of them, is forcibly resisted in executing their 
duties under this Title, or shall, by violence, threats, or 
menaces, be prevented from executing such duties, or from 
arresting any person who has committed any offense for 
which the marshal or his general or his special deputies are 
authorized to make such arrest, are, and each of them is, 
empowered to summon and call to his aid the bystanders or 
posse comitatus of his district. 

Chief Supervisors of Elections. 

Sec. 2025. The circuit courts of the United States for 
each judicial circuit shall name and appoint, on or before 
the first day of May, in the year eighteen hundred and sev¬ 
enty-one, and thereafter as vacancies may from any cause 
arise, from among the circuit court commissioners for each 
judicial district in each judicial circuit, one of such officers, 
who shall be known for the duties required of him under 
this Title as the chief supervisor of elections of the judicial 
district for which he is a commissioner, and shall, so long 
as faithful and capable, discharge the duties in this Title 
imposed. (See Sec. 627). 

Their Duties. 

Sec. 2026. The chief supervisor shall prepare and fur¬ 
nish all necessary books, forms, blanks, and instructions for 
the use and direction of the supervisors of election in the 
several cities and towns in their respective districts; he shall 
receive the application of all parties for appointment to such 
positions ; upon the opening, as contemplated in section two 
thousand and twelve, of the circuit court for the judicial cir¬ 
cuit in which the commissioner so designated acts, he shall 
present such applications to the judge thereof, and furnish 
information to him in respect to the appointment by the 


REVISED STATUTES OF UNITED STATES. 


37 


court of such supervisors of election, he shall require of the 
supervisors of election when necessary, lists of the persons 
who may register and vote, or either, in their respective 
election districts or voting precincts, and cause the names 
of those upon any such list whose right to register or vote 
is honestly doubted to be verified by proper inquiry and 
examination at the respective places by them assigned as 
their residences; and he shall receive, preserve, and file all 
oaths of office of supervisors of election, and of all special 
' deputy marshals appointed under the provisions of this 
Title, and all certificates, returns, reports, and records of 
every kind and nature contemplated or made requisite by 
the provisions hereof, save where otherwise herein specially 
directed. (See Sec. 627). 

Marshals to Forward Complaint to Chief Supervisors. 

Sec. 2027. All United States marshals and commission¬ 
ers who in any judicial district perform any duties under the 
preceding provisions relating to, concerning, or affecting the 
election of Representatives or Delegates in the Congress of 
the United States, from time to time, and with all due dili¬ 
gence, shall forward to the chief supervisor in and for their 
judicial district, all complaints, examinations, and records 
pertaining thereto, and all oaths of office by them adminis¬ 
tered to any supervisor of election or special deputy mar¬ 
shal, in order that the same may be properly preserved and 
filed. 

Supervisors and Deputy Marshals to be Qualified Voters, etc. 

Sec. 2028. No person shall be appointed a supervisor of 
election or a deputy marshal, under the preceding provisions, 
who is not, at the time of his appointment, a qualified voter 
of the city, town, county, parish, election district, or voting 
precinct in which his duties are to be performed. 

Certain Supervisors not to make Arrests, etc. 

Sec. 2029. The supervisors of election appointed for any 
county or parish in any congressional district, at the in¬ 
stance of ten citizens, as provided in section two thousand 
and eleven, shall have no authority to make arrests or to 
perform other duties than to be in the immediate presence 
of the officers holding the election, and to witness all their 
proceedings, including the counting of the votes and the 
making of a return thereof. 


38 


EXTRACTS FROM 


No more Marshals or Deputy Marshals to be Appointed 
than now Authorized. 

Sec. 2030. Nothing in this Title shall be construed to 
authorize the appointment of any marshals or deputy mar¬ 
shals in addition to those authorized by law, prior to the 
tenth day of June, eighteen hundred and seventy-two. 

Pay of Supervisors. 

Sec. 2031. There shall be allowed and paid to the chief 
supervisor, for his services as such officer, the following 
compensation, apart from and in excess of all fees allowed 
by law for the performance of any duty as Circuit Court 
Commissioner: For filing and caring for every return, re¬ 
port, record, document, or other paper required to be filed 
by him under any of the preceding provisions, ten cents; for 
affixing a seal to any paper, record, report, or instrument, 
twenty cents; for entering and indexing the records of his 
office, fifteen cents per folio; and for arranging and trans¬ 
mitting to Congress, as provided for in section two thousand 
and twenty, any report, statement, record, return, or ex¬ 
amination, for each folio, fifteen cents; and for any copy 
thereof, or of any paper on file, a like sum. And there shall 
be allowed and paid to each supervisor of election, and each 
special deputy marshal who is appointed and performs his 
duty under the preceding provisions, compensation at the 
rate of five dollars per day for each day he is actually on 
duty, not exceeding ten days; but no compensation shall be 
allowed, in any case, to supervisors of election, except to 
those appointed in cities or towns of twenty thousand or 
more inhabitants. xAnd the fees of the chief supervisor shall 
be paid at the Treasury of the United States, such accounts 
to be made out, verified, examined and certified as in the 
case of accounts of commissioners, save that the examination 
or certificate required may be made by either the circuit or 
district judge. 


TITLE XXX. (Page 380.) 

Naturalization. 


Section 2165. 
2166. 

2167. 

2168. 
2169. 


Aliens, how Naturalized. 

Aliens, honorably discharged from Military Service. 
Minor Residents. 

Widow and Children of Declarants. 

Aliens of African Nativity and Descent. 



REVISED STATUTES OF UNITED STATES. 


39 


Section 2170. Residence of five years in the United States. 

2171. Alien Enemies not Admitted. 

2172. Children of Persons Naturalized under certain Laws to be 

Citizens. 

2173. Police Court of District of Columbia has no Power to Natu¬ 

ralize Foreigners. 

2174. Naturalization of Seamen. 

Aliens , how Naturalized. 

Sec. 2165. An alien may be admitted to become a citi¬ 
zen of the United States in the following manner, and not 
otherwise: 

First—He shall declare on oath, before a Circuit or Dis¬ 
trict Court of the United States, or a District or Supreme 
Court of the Territories, or a Court of Kecord of any of the 
States having common law jurisdiction, and a seal and Clerk, 
two years, at least, prior to his admission, that it is bona 
fide his intention to become a citizen of the United States, 
and to renounce forever all allegiance and fidelity to any 
foreign Prince, Potentate, State, or Sovereignty, and, par¬ 
ticularly, by name, to the Prince, Potentate, State, or Sov¬ 
ereignty of which the alien may be at the time a citizen or 
subject. 

Note.— Campbell us. Gordon, 6 Cr. 176; Stark vs. Chesapeake Insurance 
Co., 7 Cr. 420; Chirack vs. Chirack, 2 Wh. 259; Osborn vs. U. S. Bank, 9 
Wh. 827. Spratt vs. Spratt, 4 Pet. 393. 

Second—He shall, at the time of his application to be ad¬ 
mitted, declare, on oath, before some one of the Courts 
above specified, that he will support the Constitution of the 
United States, and that he absolutely and entirely renounces 
and abjures all allegiance and fidelity to every foreign 
Prince, Potentate, State, or Sovereignty; and, particularly, 
by name, to the Prince, Potentate, State, or Sovereignty, 
of which he was before a citizen or subject; which proceed¬ 
ings shall be recorded by the Clerk of the Court. 

Residence in United States, or States and Good Moral Character. 

Third—It shall be made to appear to the satisfaction of 
the Court admitting such alien that he has resided within 
the United States five years at least, and within the State or 
Territory where such Court is at the time held, one year at 
least; and that during that time he has behaved as a man of 
a good moral character, attached to the principles of the 
Constitution of the United States, and well disposed to the 
good order and happiness of the same; but the oath of the 
applicant shall in no case be allowed to prove his residence. 


40 


EXTRACTS FROM 


Titles of Nobility to be Renounced . 

Fourth—In case the alien applying to be admitted to citi¬ 
zenship has borne any hereditary title, or been of any of 
the orders of nobility in the Kingdom or State from which 
he came, he shall, in addition to the above requisites, make 
an express renunciation of his title or order of nobility in 
'the Court to which his application is made, and his renun¬ 
ciation shall be recorded in the Court. 

Persons Residing in the United States before 29 January. 1795. 

Fifth—Any alien who was residing within the limits and 
under the jurisdiction of the United States before the twen¬ 
ty-ninth day of January, one thousand seven hundred and 
ninety-five/ may be admitted to become a citizen, on due 
proof made to some one of the Courts above specified, that 
lie has resided two years, at least, within the jurisdiction of 
the United States, and one year, at least, immediately pre¬ 
ceding his application, within the State or Territory where 
such Court is at the time held; and on his declaring on oath 
that he will support the Constitution of the United States, 
and that he absolutely and entirely renounces and abjures 
all allegiance and fidelity to any foreign Prince, Potentate, 
State, or Sovereignty, and, particularly, by name, to the 
Prince, Potentate, State, or Sovereignty whereof he was be¬ 
fore a citizen or subject; and also, on its appearing to the 
satisfaction of the Court, that during such term of two 
years he has behaved as a man of good moral character, at¬ 
tached to the Constitution of the United States, and well 
disposed to the good order and happiness of the same; and 
where the alien, applying for admission to citizenship, has 
borne any hereditary title, or been of any of the orders of 
nobility in the Kingdom or State from which he came, on 
his, moreover, making in the Court an express renunciation 
of his title or order of nobility. All of the proceedings, re¬ 
quired in this condition to be performed in the Court, shall 
be recorded by the Clerk thereof. 

Persons Residing between 18 Jane, 1798, and 18 June, 1812. 

Sixth—Any alien who was residing within the limits and 
under the jurisdiction of the United States, between the 
eighteenth day of June, one thousand seven hundred and 
ninety-eight, and the eighteenth day of June, one thousand 
eight hundred and twelve, and who has continued to reside 
within the same, may be admitted to become a citizen of 
the United States, without having made any previous dec¬ 
laration of his intention to become such; but whenever any 


REVISED STATUTES OF UNITED STATES. 


41 


person, without a certificate of such declaration of intention, 
makes application to be admitted a citizen, it must be proved 
to the satisfaction of the Court, that the applicant was re¬ 
siding within the limits and under the jurisdiction of the 
United States before the eighteenth day of June, one thous¬ 
and eight hundred and twelve, and has continued to reside 
within the same; and the residence of the applicant within 
the limits and under the jurisdiction of the United States, 
for at least five years immediately preceding the time of 
such application, must be proved by the oath of citizens of 
the United States, which citizens shall be named in the 
record as witnesses; and such continued residence within 
the limits and under the jurisdiction of the United States, 
when satisfactorily proved, and the place where the appli¬ 
cant has resided for at least five years, shall be stated and 
set forth, together with the names of such citizens, in the 
record of the Court admitting the applicant, otherwise the 
same shall not entitle him to be considered and deemed a 
citizen of the United States. 

(Amendment of February 1, 1876). The declaration of 
intention to become _ a citizen of the United States, re¬ 
quired by Section two thousand one hundred and sixty-five 
of the Revised Statutes of the United States, may be made 
by an alien before the Clerk of any of the Courts named in 
said Section two thousand one hundred and sixty-five; and 
all such declarations heretofore made before any such Clerk 
are hereby declared as legal and valid as if made before 
one of the Courts named in said section. 

Aliens , honorably discharged from Military Service . 

Sec. 2166. Any alien, of the age of twenty-one years 
and upward, who has enlisted, or may enlist, in the armies 
of the United States, either the regular or volunteer forces, 
and has been, or may be hereafter, honorably discharged, 
shall be admitted to become a citizen of the United States, 
upon his petition, without any previous declaration of his 
intention to become such, and he shall not be required to 
prove more than one year’s residence within the United 
States previous to his application to become such citizen; 
and the Court admitting such alien shall, in addition to such 
proof of residence and good moral character, as now pro¬ 
vided by law, be satisfied by competent proof of such per¬ 
son’s having been honorably discharged from the service of 
the United States. 

Minor Residents. 

Sec. 2167. Any alien, being under the age of twenty-one 


42 


EXTRACTS FROM 


years, who has resided in the United States three years next 
preceding his arriving at that age, and who has continued to 
reside therein to the time he may make application to be 
admitted a citizen thereof, may, after he arrives at the age 
of twenty-one years, and after he has resided five years 
within the United States, including the three years of his 
minority, be admitted a citizen of the United States, with¬ 
out having made the declaration required in the first condi¬ 
tion of Section twenty-one hundred and sixty-five; but such 
alien shall make the declaration required therein at the 
time of his admission, and shall further declare, on oath, 
and prove to the satisfaction of the Court that, for two 
years next preceding, it has been his bona fide intention to 
become a citizen of the United States; and he shall in. all 
other respects comply with the laws in regard to naturaliza¬ 
tion. 

Widow and Children of Declarants. 

Sec. 2168. When any alien, who has complied with the 
first condition specified in Section twenty-one hundred and 
sixty-five dies before he is actually naturalized, the widow 
and the children of such alien shall be considered as citi¬ 
zens of the United States, and shall be entitled to all rights 
and privileges as such, upon taking the oaths prescribed by 
law. 

Aliens of African Nativity and, Descent. 

Sec. 2169. The provisions of this title shall apply to 
aliens of African nativity and persons of African descent. 

Residence of five years in United States. 

Sec. 2170. No alien shall be admitted to become a citi¬ 
zen who has not for the continued term of five years next 
preceding his admission resided within the United States. 

Alien Enemies not Admitted. 

Sec. 2171. No alien who is a native citizen or subject, or 
a denizen of any country, State, or sovereignty with which 
the United States are at war, at the time of his application, 
shall be then admitted to become a citizen of the United 
States; but persons resident within the United States, or 
the Territories thereof, on the eighteenth, day of June, in 
the year one thousand eight hundred and twelve, who had 
before that day made a declaration, according to law, of 
their intention to become citizens of the United States, or 
who were on that day entitled to become citizens without 
making such declaration, may be admitted to become citizens 


REVISED STATUTES OF UNITED STATES. 


43 


thereof, notwithstanding they were alien enemies at the time 
and in the manner prescribed by the laws heretofore passed 
on that subject; nor shall anything herein contained be taken 
or construed to interfere with or prevent the apprehension 
and removal, agreeably to law, of any alien enemy at any time 
previous to the actual naturalization of such alien. 

Children of Persons Naturalized under certain Laws to be 
Citizens. 

Sec. 2172. The children of persons who have been duly 
naturalized under any law of the United States, or who, 
previous to the passing of any law on that subject, by the 
Government of the United States, may have become citizens 
of any one of the States, under the laws thereof, being under 
the age of twenty-one years at the time of the naturalization 
of their parents, shall, if dwelling in the United States, be 
considered as citizens thereof; and the children of persons 
who now are, or have been, citizens of the United States 
shall, though born out of the limits and jurisdiction of the 
United States, be considered as citizens thereof; but no 
person heretofore proscribed by any State, or who has been 
legally convicted of having joined the army of Great Britain 
during the revolutionary war, shall be admitted to become a 
citizen without the consent of the Legislature of the State in 
which such person was proscribed. 

Police Court of District of Columbia has no Power to Naturalize 
Foreigners. 

Sec. 2173. The Police Court of the District of Colum¬ 
bia shall have no power to naturalize foreigners. 

Naturalization of Seamen. 

Sec. 2174. Every seaman being a foreigner who declares 
his intention of becoming a citizen of the United States in 
any competent Court, and shall have served three years on 
board of a merchant vessel of the United States subsequent 
to the date of such declaration, may, on his application to 
any competent Court, and the production of his certificate 
of discharge and good conduct during that time, together 
with the certificate of his declaration of intention to become 
a citizen, be admitted a citizen of the United States; and 
every seaman, being a foreigner, shall after his declaration 
of intention to become a citizen of the United States, and 
after he shall have served such three years, be deemed a 
citizen of the United States for the purpose of manning and 


44 


EXTRACTS FROM 


serving on board any merchant vessel of the United States, 
anything to the contrary in any act of Congress notwith¬ 
standing; but such seaman shall, for all purposes of protec¬ 
tion as an American citizen, be deemed such, after the filing 
of his declaration of intention to become such citizen. 


TITLE LXX, CHAPTER V. (Page 1054.) 


Crimes Against the Operation of the Government. 


* * * * * 45 - 


Section 5424. 

5425. 

5426. 

5427. 

5428. 

5429. 


False personation, etc., in procuring naturalization. 

Using false certificates of citizenship, etc. 

Using false certificates, etc., as evidence of a right to vote. 
Aiding or abetting violation of preceding sections. 

Falsely claiming citizenship. 

Provisions applicable to all Courts of naturalization. 


****** 


False Personation, etc., in Procuring Naturalization. 

Sec. 5424. Every person applying to be admitted a citi¬ 
zen or appearing as a witness, for any such person, who 
knowingly personates any other person than himself, or 
falsely appears in the name of a deceased person, or in an 
assumed or fictitious name, or falsely makes, forges, or 
counterfeits any oath, notice, affidavit, certificate, order, 
record, signature, or other instrument, paper, or proceeding 
required or authorized by any law relating to or providing, 
for the naturalization of aliens; or who utters, sells, dis¬ 
poses of, or uses as true or genuine, or for any unlawful 
purpose, any false, forged, ante-dated or counterfeit oath, 
notice, certificate, order, record, signature, instrument, pa¬ 
per, or proceeding above specified, or sells or disposes of 
to any person other than the person for whom it was origin¬ 
ally issued any certificate of citizenship, or certificate show¬ 
ing any person to be admitted a citizen, shall be punished 
by imprisonment at hard labor, not less than one year, nor 
more than five years, or by a fine of not less than three 
hundred nor more than one thousand dollars, or by both 
such fine and imprisonment. 

Using Pulse Certificate of Citizenship, etc. 

Sec. 5425. Every person who uses, or attempts to use, 
or aids, or assists, or participates in the use of any certifi- 



REVISED STATUTES OF UNITED STATES. 


45 


cate of citizenship, knowing the same to be forged, or coun¬ 
terfeit, or ante-dated, or knowing the same to have been 
procured by fraud, or otherwise unlawfully obtained, or 
who, without lawful excuse, knowingly is possessed of any 
false, forged, ante-dated, or counterfeit certificate of citi¬ 
zenship, purporting to have been issued under the provis¬ 
ions of any law of the United States relating to naturaliza¬ 
tion, knowing such certificate to be false, forged, ante-dated, 
or counterfeit, with intent unlawfully to use the same, or 
obtains, accepts, or receives any certificate of citizenship 
known to such person to have been procured by fraud or by 
the use of any false name, or by moans of any false state¬ 
ment made with intent to procure, or to aid in procuring, 
the issue of such certificate, or known to such person to be 
fraudulently altered or ante-dated; and every person who 
has been or may be admitted to be a citizen who, on oath or 
by affidavit, knowingly denies that he has been so admitted, 
with intent to evade or avoid any duty or liability imposed 
or required by law, shall be imprisoned at hard labor not 
less than one year nor more than five years, or be fined not 
less than three hundred dollars nor more than one thousand 
dollars, or both such punishments may'be imposed. 

Using False Certificate , etc., as Evidtnce of Right to Vote. 

Sec. 5426. Every person who in any manner uses for the 
purpose of registering as a voter, or as evidence of a right 
to vote, or otherwise unlawfully, any order, certificate of citi¬ 
zenship, or certificate, judgment, or exemplification, show¬ 
ing any person to be admitted to be a citizen, whether here¬ 
tofore or hereafter issued or made, knowing that such order 
or certificate, judgment, or exemplification has been unlaw¬ 
fully issued or made; and every person who unlawfully uses 
or attempts to use, any such order or certificate, issued to 
or in the name of any other person, or in a fictitious name, 
or the name of a deceased person, shall be punished by im¬ 
prisonment at hard labor not less than one year nor more 
than five years, or by a fine of not less than three hundred 
nor more than one thousand dollars, or by both such fine 
and imprisonment. 

Aiding or Abetting Violation of Preceding Sections. 

Sec. 5427. Every person who knowingly and intention¬ 
ally aids or abets any person in the commission of any 
felony denounced in the three preceding sections, or attempts 
to do any act therein made felony, or counsels, advises, or 
procures, or attempts to procure, the commission thereof, 


46 


EXTRACTS FROM 


shall be punished in the same manner and to the same ex¬ 
tent as the principal party. 

Falsely Claiming Citizenship. 

Sec. 5428. Every person who knowingly uses any certifi¬ 
cate of naturalization heretofore granted by any Court, or 
hereafter granted, which has been or may be procured 
through fraud or by false evidence, or has been or may be 
issued by the Clerk or any other officer of the Court, with¬ 
out any appearance and hearing of the applicant in Court, 
and without lawful authority; and every person who falsely 
represents himself to be a citizen of the United States with¬ 
out having been duly admitted to citizenship, for any fraudu¬ 
lent purpose whatever, shall be punishable by a fine of not 
more than one thousand dollars, or be imprisoned not more 
than two years, or both. 

Provisions Applicable to all Courts of Naturalization. 

Sec. 5429. The provisions of the five preceding sections 
shall apply to all proceedings had or taken, or attempted to 
be had or taken, before any Court in which any proceedings 
for naturalization may be commenced or attempted to be 
commenced. (See Secs. 2165-2174.) 

******* 


Extract from CHAPTER VII. (Page 1073.) 

Crimes Against the Elective Franchise and Civ\l Rights of 
Citizens. 


Section 5506. 

5507. 

5508. 

5509. 


5510. 

5511. 

5512. 

5513. 

5514. 

5515. 

5516. 

5517. 


Preventing, etc., citizens from voting. 

Intimidating voters by bribery or threats. 

Conspiracy to injure or intimidate citizens in the exercise of 
civil rights. 

Other crimes committed while violating the preceding sec¬ 
tions. 

Depriving citizens of civil rights under color of State laws. 

Fraudulent voting, etc., at elections for Representative to 
Congress. 

Fraudulent registration, etc. 

What deemed a registration under last section. 

Voting or offering to vote in certain cases prima facie evi¬ 
dence, etc. 

Violation of duty by officers of election. 

Obstructing execution of process in civil rights cases, etc. 

Marshal refusing to receive or execute process. 



Section 5518. 

5519. 

5520. 

5521. 

5522. 

5523. 

5524. 

5525. 

5526. 

5527. 

5528. 

5529. 

5530. 

5531. 

5532. 


REVISED STATUTES OF UNITED STATES. 47 

Conspiracy to prevent accepting or holding office under 
United States, etc. 

Conspiracy to deprive any person of the equal protection of 
the laws. 

Conspiracy to prevent the support of any candidate, etc. 

Supervisor of Election, etc., neglecting to discharge duties. 

Interfering with Supervisor of Election, Marshals, or Depu¬ 
ties. 

Obstructing verification of registration lists, etc. 

Receiving or carrying away any person to be sold or held as 
a slave. 

Kidnapping. 

Holding or returning persons to peonage. 

Obstructing execution of laws prohibiting peonage. 

Uulawful presence of troops at elections. 

Intimidation of voters by officers, etc., of Army or Navy. 

Officers of Army or Navy prescribing qualifications of 
voters. # 

Officers, etc., of Army or Navy interfering with officers of 
election, etc. / 

Disqualification for holding office. 


Preventing , etc., Citizens from Voting. 

Sec. 5506. Every person who, by any unlawful means, 
hinders, delays, prevents or obstructs, or combines and con¬ 
federates with others to -hinder, delay, prevent or obstruct, 
any citizen from doing any act required to be done to qualify 
him to vote, or from voting at any election in any State, 
Territory, district, county, city, parish, township, school 
district, municipality, or other territorial subdivision, shall 
be fined not less than five hundred dollars, or be imprisoned 
not less than one month nor more than one year, or be pun¬ 
ished by both such fine and imprisonment. (See Secs. 2004- 
2010 .) 

Intimidating Voters by Bribery or Threats . 

Sec. 5507. Every person who prevents, hinders, controls 
or intimidates another from exercising, or in exercising the 
right of suffrage, to whom that right is guaranteed by the 
Fifteenth Amendment to the Constitution of the United 
States, by means of bribery or threats of depriving such 
person of employment or occupation, or of ejecting such 
person from a rented house, lands, or other property, or by 
threats of refusing to renew leases or contracts for labor, or 
by threats of violence to himself or family, shall be pun¬ 
ished as provided in the preceding section. 


48 EXTRACTS FROM 

Conspiracy to Injure or Intimidate Citizens in the Exercise 
of Civil Rights. 

Sec. 5508. If two or more persons conspire to injure, 
oppress, threaten, or intimidate any citizen in the free exer¬ 
cise or enjoyment of any right or privilege secured to him 
by the Constitution or laws of the United States, or because 
of his having so exercised the same ; or if two or more per¬ 
sons go in disguise on the highway, or on the premises of 
another, with intent to prevent or hinder his free exercise 
or enjoyment of any right or privilege so secured, they shall 
be lined not more than five thousand dollars and imprisoned 
not more than ten years ; and shall, moreover, be thereafter 
ineligible to any office, or place of honor, profit, or trust 
created by the Constitution or laws of the United States. 
(See Sec. 5407). 

Other Crimes Committed loliile Violating the Preceding Section. 

Sec 5509. If in the act of violating any provision in 
either of the two preceding sections any other felony or 
misdemeanor be committed, the offender shall be punished 
for the same with such punishment as is attached to such 
felony or misdemeanor by the laws of the State in which the 
offense is committed. 

Depriving Citizens of Civil Rights under Color of State Laios. 

Sec. 5510. Every person who, under color of any law, 
statute, ordinance, regulation, or custom, subjects, or causes 
to be subjected, any inhabitant of any State or Territory to 
the deprivation of any rights, privileges, or immunities, se¬ 
cured or protected by the Constitution and laws of the 
United States, or to different punishments, pains, or pen¬ 
alties, on account of such inhabitant being an alien, or by 
reason of his color or race, than are prescribed for the pun¬ 
ishment of citizens, shall be punished by a fine not more 
than one thousand dollars, or by imprisonment not more 
than one year, or by both. (See Sec. 1979). 

Fraudulent Voting , etc., at Elections for Representative to 
Congress. 

Sec. 5511. If, at any election for Representative or Del¬ 
egate in Congress, any person knowingly personates and 
votes, or attempts to vote, in the name of any other person, 
whether living, dead, or fictitious ; or votes more than once 
at the same election for any candidate for the same office ; 
or votes at a place where he may not be lawfully entitled to 


REVISED STATUTES OF UNITED STATES. ' 


49 


vote ; or votes without having a lawful right to vote ; or does 
any unlawful act to secure an opportunity to vote for him¬ 
self, or any other person ; or by force, threat, intimidation, * 
bribery, reward, or offer thereof, unlawfully prevents any 
qualified voter of any State, or of any Territory, from freely 
exercising the right of suffrage, or by any such means in¬ 
duces any voter to refuse to exercise such right, or compels, 
or induces, by any such means, any officer of an election in 
any such State or Territory to receive a vote from a person 
not legally qualified or entitled to vote ; or interferes in any 
manner with any officer of such election in the discharge of 
his duties ; or by any such means, or other unlawful means, 
induces any officer of an election or officer whose duty it is 
to ascertain, announce, or declare the result of any such 
election or give or make any certificate, document or evidence 
in relation thereto, to violate or refuse to comply with his 
duty or any law regulating the same ; or knowingly receives 
the vote of any person not entitled to vote, or refuses to re¬ 
ceive the vote of any person entitled to vote, or aids, coun¬ 
sels, procures, or advises any such voter, person, or officer 
to do any act hereby made a crime, or omit to do any duty 
the omission of Avliich is hereby made a crime, or attempt to 
do so, he shall be punished by a fine of not more than five 
hundred dollars, or by imprisonment not more than three 
years, or by both, and shall pay the costs of the prosecution. 

Fraudulent Registration, etc. 

Sec. 5512. If, at any registration of voters for an elec¬ 
tion for Representative or Delegate in the Congress of the 
United States, any person knowingly personates and regis¬ 
ters, or attempts to register, in the name of any other per¬ 
son, whether living, dead, or fictitious, or fraudulently reg¬ 
isters, or fraudulently attempts to register, not having a 
lawful right so to do ; or does any unlawful act to secure 
registration for himself or any other person ; or by force, 
threat, menace, intimidation, bribery, reward or offer, or 
promise thereof, or other unlawful means, prevents or hin¬ 
ders any person having a lawful right to register from duly 
exercising such right; or compels or induces by any such 
means, or other unlawful means, any officer of registration 
to admit to registration any person not legally entitled there¬ 
to, or interferes in any manner with any officer of registra¬ 
tion in the discharge of his duties, or by any such means, or 
other unlawful means, induces any officer of registration to 
violate or refuse to comply with his duty, or any law regu¬ 
lating the same ; or if any such officer knowingly and will- 
4* 


50 


EXTRACTS FROM 


fully registers as a voter any person not entitled to be regis¬ 
tered, or refuses to so register any person entitled to be 
registered ; or if any such officer or other person who has 
any duty to perform in relation to such registration or elec¬ 
tion, in ascertaining, announcing, or declaring the result 
thereof, or in giving or making any certificate, document, or 
evidence in relation thereto, knowingly neglects or refuses 
to perform any duty rquired by law, or violates any duty im¬ 
posed by law, or does any act unauthorized by law relating 
to or affecting such registration or election, or the result there¬ 
of, or any certificate, document, or evidence in relation 
thereto, or if any person aids, counsels, procures, or ad¬ 
vises, any such voter, person, or officer to do any act here¬ 
by made a crime, or to omit any act the omission of which 
is hereby made a crime, every such person shall be punish¬ 
able as prescribed in the preceding section. 

What Deemed a Registration Under Last Section. 

Sec. 5513. Every registration made under the laws of 
any State or Territory, for any State or other election at 
which such Representative or Delegate in Congress may be 
chosen, shall be deemed to be a registration within the 
meaning of the preceding section, notwithstanding such 
registration is also made for the purposes of any State, Ter¬ 
ritorial, or municipal election. 

Voting or Offering to Vote in Certain Cases, Prima Facie 
Evidence, etc. 

Sec. 5514. Whenever the laws of any State or Territory 
require that the name of a candidate or person to be voted 
for as Representative or Delegate in Congress shall be 
printed, written, or contained, on any ticket or ballot with 
the names of other candidates or persons to be voted for at 
the same election as State, Territorial, municipal, or local 
officers, it shall be deemed sufficient prima facie evidence 
to convict any person charged with voting, or offering to 
vote, unlawfully, under the provisions of this chapter, to 
prove that the person so charged cast or offered to cast such 
a ticket or ballot whereon the name of such Representative 
or Delegate might by law be printed, written, or contained, 
or that the person so charged committed any of the offenses 
denounced in this chapter with reference to such ticket or 
ballot. 

Violation of Duty by Officers of Election. 

Sec. 5515. Every officer of an election at which any Rep¬ 
resentative or Delegate in Congress is voted for, whether 


KEVISED STATUTES OF UNITED STATES. 


51 


such officer of election be appointed or created by or under 
any law or authority of the United States, or by or under 
any State, Territorial, district, or municipal law or authority, 
who neglects or refuses to perform any duty in regard to 
such election required of him by any law of the United 
States, or of any State or Territory thereof; or who violates 
any duty so imposed; or who knowingly does any acts there¬ 
by unauthorized, with intent to affect any such election, or 
the result thereof; or who fraudulently makes any false cer¬ 
tificate of the result of such election in regard to such Rep¬ 
resentative or Delegate; or who withholds, conceals, or de¬ 
stroys any certificate of record so required by law respecting 
the election of any such Representative or Delegate; or who 
neglects or refuses to make and return such certificate as re¬ 
quired by law; or who aids, counsels, procures, or advises 
any voter, person, or officer to do any act by this or any of 
the preceding sections made a crime, or to omit to do any 
duty the omission of which is by this or any of such sec¬ 
tions made a crime, or attempts to do so, shall be punished 
as prescribed in Section fifty-five hundred and* eleven. 

*Note.—A s amended February 18, 1875, page 321. 

Obstructing Execution of Process in Civil Rights Cases , etc. 

Sec. 5516. Every person who willfully obstructs, hinders, 
or prevents any officer or other person charged with the ex¬ 
ecution of any warrant or process issued under the provis¬ 
ions of Sections nineteen hundred and eighty-four, and nine¬ 
teen hundred and eighty-five, Title “Civil Rights,” or any 
person lawfully assisting him, from arresting any person for 
whose apprehension such warrant or process may have been 
issued; or rescues, or attempt to rescue, such person from 
the custody of the officer or other person lawfully assisting 
when so arrested, pursuant to the authority herein given; or 
aids, abets, or assists any person so arrested, directly or in¬ 
directly, to escape from the custody of the officer or other 
person legally authorized to arrest the party; or harbors or 
conceals any person for whose arrest a warrant or process 
has been issued, so as to prevent bis discovery and arrest, 
after notice or knowledge of the fact that a warrant has been 
issued for the apprehension of such person, shall, for any 
of such offenses, be subject to a fine of not more than one 
thousand dollars, or imprisonment not more than six months, 
or both. 

Marshal Refusing to Receive or Execute Process. 

Sec. 5517. Every marshal and deputy marshal who re- 


52 


EXTRACTS FROM 


fuses to receive any warrant or other process when tendered 
to him, issued in pursuance of the provisions of Section 
nineteen hundred and eighty-five, Title “Civil Rights,” or 
refuses or neglects to use all proper means diligently to exe¬ 
cute the same, shall be liable to a fine in the sum of one 
thousand dollars, for the benefit of the party agrieved 
thereby. 

Conspiracy to Prevent Accepting or Holding Office under 
United States , etc. 

Sec. 5518. If two or more persons in any State or Ter¬ 
ritory conspire to prevent, by force, intimidation, or threat, 
any person from accepting or holding any office, trust, or 
place of confidence under the United States, or from dis¬ 
charging any duties thereof; or to induce by like means 
any officer of the United States to leave any State, district, 
or place, where his duties as an officer are required to be 
performed, or to injure him in his person or property on ac¬ 
count of his lawful discharge of the duties of his office, or 
while engaged in the lawful discharge thereof, or to injure 
his property so as to molest, interrupt, hinder, or impede him 
in the discharge of his official duties; each of such persons 
shall be punished by a fine of not less than five hundred nor 
more than five thousand dollars, or by imprisonment, with 
or without hard labor, not less than six months nor more 
than six years, or by both such fine and imprisonment. 
(See Sec. 5407.) 

Conspiracy to Deprive any Person of the Equal Protection 
of the Laws. 

Sec. 5519. If two or more persons in any State or Terri¬ 
tory conspire, or go in disguise on the highway or on the 
premises of another, for the purpose of dejDriving, either 
directly or indirectly, any person or class of persons of the 
equal protection of the laws, or of equal privileges and 
immunities under the laws, or for the purpose of preventing 
or hindering the constituted authorities of any State or 
Territory from giving or securing to all persons within such 
State or Territory the equal protection of the laws, each of 
such persons shall be punished by a fine of not less than 
five hundred nor more than five thousand dollars, or by im¬ 
prisonment, with or without hard labor, not less than six 
months nor more than six years, or by both such fine and 
imprisonment. (See Sec. 5336.) 


REVISED STATUTES OF UNITED STATES. 


53 


Conspiracy to prevent the Support of any Candidate , etc. 

Sec. 5520. If two or more persons in any State or Terri¬ 
tory conspire to prevent by force, intimidation, or threat, 
any citizen who is lawfully entitled to vote, from giving his 
support or advocacy, in a legal manner, toward or in favor 
of the election of any lawfully qualified person as an Elec¬ 
tor for President or Vice-President, or as a member of the 
Congress of the United States; or to injure any citizen in 
person or property on account of such support or advocacy; 
each of such persons shall be punished by a fine of not less 
than five hundred nor more than five thousand dollars, or 
by imprisonment, with or without hard labor, not less than 
six months nor more than six years, or by both such fine 
and imprisonment. 

Supervisors of Election , etc., Neglecting to Discharge Duties. 

Sec. 5521. If any person be appointed a Supervisor of 
Election or a special Deputy Marshal under the provisions 
of Title “The Elective Franchise,” and has taken the oath 
of office as such Supervisor of Election or such special Dep* 
uty Marshal, and thereafter neglects or refuses, without good 
and lawful excuse, to perform and discharge fully the duties, 
obligations, and requirements of such office until the expi¬ 
ration of the term for which he was appointed, he shall not 
only be subject to removal from office with loss of all pay or 
emoluments, but shall be punished by imprisonment for not 
less than six months nor more than one year, or by a fine of 
not less than two hundred dollars, and not more than five 
hundred dollars, or by both fine and imprisonment, and 
shall pay the costs of prosecution (See Secs. 2011-2031.) 

Interfering with Supervisors of Election, Marshals or Deputies. 

Sec. 5522. Every person, whether with or without any au¬ 
thority, power, or process, or pretended authority, power, or 
process, of any State, Territory, or municipality, who ob¬ 
structs, hinders, assaults, or by bribery, solicitation or 
otherwise, interferes with or prevents the Supervisors of 
Election, or either of them, or the Marshal or his general 
or special deputies, or either of them, in the performance of 
any duty required of them, or either of them, or which he 
or they, or either of them, may be authorized to perform by 
any law of the United States, in the execution of process or 
otherwise, or who by any of the means before mentioned 
hinders, or prevents the free attendance and presence at such 
places of registration or at such polls of election, or full and 


54 


EXTRACTS FROM 


free access and egress to and from any such place of registra¬ 
tion or poll of election, or in going to and from any such 
place of registration or poll of election, or to and from any 
room where any such registration or election or canvass o/votes 
or of making any returns or certificates thereof, may be 
had, or who molests, interferes with, removes, or ejects 
from any such place of registration or poll of election, or of 
canvassing votes cast thereat, or of making returns or cer¬ 
tificates thereof, any Supervisor of Election, the Marshal, 
or his general or special deputies, or either of them; or who 
threatens, or attempts, or offers so to do, or refuses or neg¬ 
lects to aid and assist any Supervisor of Election, or the 
Marshal or his general or special deputies, or either of 
them, in the performance of his or their duties, when re¬ 
quired by him or them, or either of them, to give such aid 
and assistance, shall be liable to instant arrest without pro¬ 
cess, and shall be punished by imprisonment not more than 
two years, or by a fine of not more than three thousand dol¬ 
lars, or by both such fine and imprisonment, and shall pay 
the costs of the prosecution. 

Obstructing Verification of Registration Lists , etc. 

Sec. 5523. Every person who, during the progress of any 
verification of any list of the persons who may have registered 
or voted, which is had or made under any of the provisions 
of Title “The Elective Franchise, ” refuses to answer, or 
refrains from answering, or, answering, knowfingly gives false 
information in respect to any inquiry lawfully made, shall 
be punishable by imprisonment for not more than thirty 
days, or by a fine of not more than one hundred dollars, or 
by both, and shall pay the costs of the prosecution. (See 
Secs. 2016-2026.) 

Unlaioful Presence of Troops at Elections. 

Sec. 5528. Every officer of the Army or Navy, or other 
person in the civil, military, or naval service of the United 
States, who orders, brings, keeps, or has under his authority 
or control, any troops or armed men at any place where a 
general or special election is held in any State, rwnless such 
force be necessary to repel armed enemies of the United 
States, or to keep the peace at the polls, shall be fined not 
more than five thousand dollars, and suffer imprisonment at 
hard labor not less than three months, nor more than five 
years. (See Sec. 2002.) 


REVISED STATUTES OF UNITED STATES. 


55 


Intimidation of Voters by Officers etc., of Army or Navy. 

Sec. 5529. Every officer or other person in the military 
or naval service, who, by force, threat, intimidation, order, 
advice, or otherwise, prevents, or attempts to prevent, any 
qualified voter of any State from freely exercising the right 
of suffrage at any general or special election, in such State, 
shall be fined not more than five thousand dollars, and im¬ 
prisoned at hard labor not more than five years. (See Sec. 
2003.) 

Officers of Army or Navy Prescribing Qualifications of Voters. 

Sec. 5530. Every officer of the Army or Navy who pre¬ 
scribes or fixes, or attempts to prescribe or fix, whether by 
proclamation, order, or otherwise, the qualifications of voters 
at any election in any State, shall be punished as provided 
in the preceding section. (See Sec. 2003.) 

Officers , etc., of Army or Navy Interfering with Officers of 
Election, etc. 

Sec. 5531. Every officer or other person in the military 
or naval service who, by force, threat, intimidation, order, 
or otherwise, compels, or attempts to compel, any officer 
holding an election in any State to receive a vote from a per¬ 
son not legally qualified to vote, or who imposes, or attempts 
to impose, any regulations for conducting any general or 
special election in a State different from those prescribed by 
law, or who interferes in any manner with any officer of an 
election in the discharge of his duty, shall be punished as 
provided in Section fifty-five hundred and twenty-nine. 

Disqualification for Holding Office. 

Sec. 5532. Every person convicted of any of the offenses 
specified in the five preceding sections, shall, in addition to 
the punishments therein severally prescribed, be disqualified 
from holding any office of honor, profit or trust under the 
United States; but nothing in those sections shall be con¬ 
strued to prevent any officer, soldier, sailor or marine, from 
exercising the right of suffrage in any election district to 
which he may belong, if otherwise qualified according to the 
laws of the State in which he offers to vote. 


EXTRACTS FROM CONSTITUTION 

OF THE 

STATE OF CALIFORNIA. 


Preamble. 

General Provisions. 
Legislative Power. 
Executive Power. 
Judicial Power. 
Miscellaneous. 


PREAMBLE. 

We, the people of California, grateful to Almighty God 
for our freedom, in order to secure its blessings, do estab¬ 
lish this Constitution. 


GENERAL PROVISIONS. 

Inalienable rights. 

Popular government. 

Apportionment of representation. 

Who are or may be Electors. 

Privileges of Electors. 

Militia duty. 

Residence. 

Idiot, insane. 

Elections by ballot. 

Departments of Government. 

Inalienable Rights. 

Section 1, Article 1. All men are by nature free and 
independent, and have certain inalienable rights, among 
which are those of enjoying and defending life and liberty, 
acquiring, possessing, and protecting property, and pursu¬ 
ing and obtaining safety and happiness. 





EXTRACTS FROM CONSTITUTION OF CALIFORNIA. 


57 


Popular Government. 

Sec. 2. All political power is inherent in the people, 
government is instituted for the protection, security, and 
benefit of the people, and they have the right to alter or re¬ 
form the same whenever the public good may require it. 

Apportionment of Representation. 

Sec. 14. Representation shall be apportioned according 
to population. 

Who are or may he Electors. 

Sec. 1, Article 2. Every white male citizen of the 
United States, and every white male citizen of Mexico who 
shall have elected to become a citizen of the United States, 
under the treaty of peace exchanged and ratified at Quere- 
taro, on the thirteenth day of May, eighteen hundred and 
forty-eight, of the age of twenty-one years, who shall have 
been a resident of the State six months next preceding the 
election, and the county or district in which he claims his 
vote thirty days, shall be entitled to vote at all elections 
which are now or hereafter may be authorized by law; pro¬ 
vided, that nothing herein contained shall be construed to 
prevent the Legislature, by a two-thirds concurrent vote, 
from admitting to the right of suffrage Indians, or the de¬ 
scendants of Indians, in such special cases as such a pro¬ 
portion of the Legislative body may deem just and proper. 

Privileges of Electors. 

Sec. 2. Electors shall, in all cases except treason, felony, 
or breach of the peace, be privileged from arrest on the 
days of election, during their attendance at such election, 
going to and returning therefrom. 

Militia Duty. 

Sec. 3. No elector shall be obliged to perform militia 
duty on the day of election, except in time of war or public 
danger. 

Residence. 

Sec. 4. For the purpose of voting, no person shall be 
deemed to have gained or lost a residence by reason of his 
presence or absence while employed in the service of the 
United States; nor while engaged in the navigation of the 
waters of this State, or of the United States, or of the high 
seas; nor while a student of any seminary of learning; nor 
while kept at any alms-house or other asylum, at public ex¬ 
pense; nor while confined in any public prison. 


58 


EXTRACTS FROM 


Idiot, Insane. 

Sec. 5. No idiot or insane person or persons convicted 
of any infamous crime, shall be entitled to the privileges 
of an elector. 

Election by Ballot. 

Sec. 6. All elections by the people shall be by ballot. 

Departments of Government. 

Article 3. The powers of the Government of the State 
of California shall be divided into three separate depart¬ 
ments: the Legislative, the Executive and Judicial; and no 
person charged with the exercise of powers properly belong¬ 
ing to one of these departments shall exercise any functions 
appertaining to either of the others, except in the cases here¬ 
inafter expressly directed or permitted. 


LEGISLATIVE POWER. 

Senate and Assembly. 

Sessions of Legislature. 

Election and terms of Assemblymen. 

Qualification of Senators and Assemblymen. 

Election and terms of Senators. 

Number and classes of Senators. 

Inelegibility to office. 

Apportionment of Legislators. 

Congressional, Senatorial and Assembly Districts. 

Senate and Assembly. 

Sec. 1, Article 4. The Legislative power of the State 
shall be vested in a Senate and Assembly, which shall be 
designated the Legislature of the State of California; and 
the enacting clause of every law shall be as follows : 4 4 The 

people of the State of California, represented in Senate 
and Assembly, do enact as follows:” 

Sessions of Legislature. 

Sec. 2, as amended 1862. The sessions of the Legis¬ 
lature shall be biennial, and shall commence on the first 
Monday of December next ensuing the election of its mem¬ 
bers, unless the Governor of the State shall, in the interim, 
convene the Legislature by proclamation. No session shall 
continue longer than one hundred and twenty days. 



CONSTITUTION OF THE STATE OF CALIFORNIA. 59 

Election and Terms of Assemblymen. 

Sec. 3, as amended 1862. The members of the As¬ 
sembly shall be chosen biennially, by the qualified electors 
of their respective districts, on the first Wednesday in Sep¬ 
tember, unless otherwise ordered by the Legislature, and 
their term of office shall be two years. 

Qualification of Senators and Assemblymen. 

Sec. 4. Senators and members of Assembly shall be 
duly qualified electors in the respective counties and districts 
which they represent. 

Election and Terms of Senators. 

Sec. 5, as amended 1862. Senators shall be chosen 
for the term of four years, at the same time and places as 
members of Assembly; and no person shall be a member of 
the Senate, or Assembly, who Ijas not been a citizen and in¬ 
habitant of the State, and of the county, or district, for 
which he shall be chosen, one year next before his election. 

Number and Glasses of Senators. 

Sec. 6, as amended 1862. The number of Senators shall 
not be less than one-third, nor more than one-half, of 
that of the members of Assembly; and at the first session 
of the Legislature after this section takes effect, the Sena- 
ators shall be divided by lot, as equally as may be, into two 
classes. The seats of the Senators of the first class shall be 
vacated at the expiration of the second year, so that one half 
shall be chosen biennially. 

Ineligibility to Office. 

Sec. 21. No person holding any lucrative office under 
the United States, or any other power, shall be eligible to 
any civil office of profit under this State; provided, that 
officers in the militia, to which there is attached no annual 
salary, or local officers and postmasters whose compensation 
does not exceed five hundred dollars per arfnnm, shall not be 
deemed lucrative. 

Apportionment of Legislators. 

Sec. 29. The number of Senators and members of As¬ 
sembly shall, at the first session of the Legislature, holden 
after the enumeration herein provided for and made, be fixed 
by the Legislature, and apportioned among the several coun¬ 
ties and districts to be established by law, according to the 
number of white inhabitants. The number of members of 


60 


EXTRACTS FROM 


Assembly shall not be less than twenty-four, nor more than 
thirty-six, until the number of inhabitants within this State 
shall amount to one hundred thousand; and after that period, 
at such ratio that the whole number of members of Assem¬ 
bly shall never be less than thirty, nor more than eighty. 

Congressional, Senatorial and Assembly Districts. 

Sec. 30, as amended 1862. When a Congressional, Sena¬ 
torial, or Assembly district shall be composed of two or 
more counties, it shall not be separated by any county be¬ 
longing to another district. No county shall be divided in 
forming a Congressional, Senatorial, or Assembly district, 
so as to attach one portion of a county to another county; 
but the Legislature may divide each county into as many 
Congressional, Senatorial, or Assembly districts as such 
county may by apportionment be entitled to. 


EXECUTIVE POWER. 

Governor supreme Executive. 

Election and term of Governor. 

Qualification of Governor. 

Returns of election. 

Other officers of State. 

Election of State officers. 

Governor Supreme Executive. 

Sec. 1, Article 5. The supreme Executive power of this 
State shall be vested in a Chief Magistrate, who shall be 
styled the Governor of the State of California. 

Election and Term of Governor. 

Sec. 2, as amended 1862. The Governor shall be elected 
by the qualified electors, at the time and places of voting 
for members of the Assembly, and shall hold his office four 
years from and after the first Monday in December subse¬ 
quent to his election, and until his successor is elected and 
qualified. 

Qualification of Governor. 

Sec. 3. No person shall be eligible to the office of Gov¬ 
ernor (except at the first election) who has not been a 
citizen of the United States, and a resident of this State 
two years next preceding the election, and attained the age of 
twenty-five years at the time of said election. 



CONSTITUTION OF THE STATE OP CALIFORNIA. 


61 


Returns of Election. 

Sec. 4;. The returns of every election for Governor shall 
be sealed up and transmitted to the seat of government, di¬ 
rected to the Speaker of the Assembly who shall, during 
the first week of the session, open and publish them in 
presence of both Houses of the Legislature. The person 
having the highest number of votes shall be Governor; but 
in case any two or more have an equal and the highest num¬ 
ber of votes, the Legislature shall, by joint vote of both 
Houses, choose one of said persons, so having an equal and 
the highest number of votes, for Governor. 

Other Officers of State. 

Sec. 18, as amended, 1862. A Secretary of State, a Con¬ 
troller, a Treasurer, an Attorney-General, and a Surveyor- 
General, shall be elected at the same time and places, and in 
the same manner as the Governor and Lieutenant-Governor, 
and whose term of office shall be the same as Governor. 

Election of State Officers. 

Sec. 20. The Controller, Treasurer, Attorney-General, 
and Surveyor-General, shall be chosen by joint vote of the 
two Houses of the Legislature, at their first session under 
this Constitution, and thereafter shall be elected at the same 
time and places, and in the same manner as the Governor 
and Lieutenant-Governor. 


JUDICIAL POWER. 

Judicial power vested in certain Courts. 

Supreme Court. 

Election of Justices of Supreme Court. 

Judicial District, District Judges. 

County Courts, County Judges, Probate Judge. 

Justice of tbe Peace, etc. 

Eecorders and other inferior Municipal Courts. 

Judicial Power Vested in Certain Courts. 

Section 1, Article 6, as amended 1862. The judicial power 
of this State shall be vested in a Supreme Court, in District 
Courts, in County Courts, in Probate Courts and injusti¬ 
ces of the Peace, and in such Recorders and other inferior 
Courts as the Legislature may establish in any incorporated 
city or town. 



62 


EXTRACTS FROM 


Supreme Court. 

Sec. 2, as amended 1862. Tlie Supreme Court shall con¬ 
sist of a Chief Justice and four Associate Justices. The 
presence of three Justices shall be necessary for the trans¬ 
action of business, excepting such business as may be done 
at Chambers, and the concurrence of three Justices shall be 
necessary to pronounce a judgment. 

Election of Justices of Supreme Court . 

Sec. 3, as amended 1862. The Justices of the Supreme 
Court shail be elected by the qualified electors of the State 
at special elections to be provided by law, at which elections 
no officer other than judicial shall be elected, except a Super¬ 
intendent of Public Instruction. The first election for Jus¬ 
tices of the Supreme Court shall be held in the year eighteen 
hundred and sixty-three. The Justices shall hold their offi¬ 
ces for the term of ten years from the first day of January 
next after their election, except those elected at the first 
election, who, at their first meeting, shall so classify them¬ 
selves by lot, that one Justice shall go out of office every 
two years. The Justice having the shortest term to serve 
shall be the Chief Justice. 

Judicial Districts—District Judges. 

Sec. 5, as amended 1862. The State shall be divided by 
the Legislature of eighteen hundred and sixty-three, into 
fourteen judicial districts, subject to such alteration from 
time to time, by a two-thirds vote of all the members elected 
to both Houses, as the public good may require; in each of 
which there shall be a District Court, and for each of which 
a District Judge shall be elected by the qualified elec¬ 
tors of the district, at the special judicial elections to be 
held as provided for the election of Justices of the Supreme 
Court by Section three of this Article. The District Judges 
shall hold their offices for the term of six years, from the 
first day of January next after their election. The Legisla¬ 
ture shall have nQ power to grant leave of absence to a judi¬ 
cial officer, and any such officer who shall absent himself 
from the State for upwards of thirty consecutive days shall 
be deemed to have forfeited his office. 

County Courts , County Judges , Probate Judge. 

Sec. 7, as amended 1862. There shall be in each of the 
organized counties of the State a County Court, for each of 
which a County Judge shall be elected by the qualified 


CONSTITUTION OF THE STATE OF CALIFORNIA. 


63 


electors of the county, at the special judicial elections to be 
held, as provided for the election of Justices of the Supreme 
Court by Section three’ of this Article. The County Judges 
shall hold their offices for the term of four years from the first 
day of January next after their election. Said Courts shall 
also have power to issue naturalization papers. In the city 
and county of San Francisco the Legislature may separate 
the office of Probate Judge from that of County Judge, and 
may provide for the election of a Probate Judge, who shall 
hold his office for the term of four years. 

Justices of the Peace , etc. 

Sec. 9, as amended 1862. The Legislature shall determine 
the number of Justices of the Peace to be elected in each 
city and township of the State, and fix by law their powers, 
duties and responsibilities ; provided, such powers shall not 
in any case trench upon the jurisdiction of the several Courts 
of record. The Supreme Court, the District Courts, County 
Courts, the Probate Courts, and such other Courts as the 
Legislature shall prescribe, shall be Courts of record. 

Recorders and other Inferior Municipal Courts. 

Sec. 10, as amended 1862. The Legislature shall fix by 
law the jurisdiction of any Eecorder’s, or other inferior mu¬ 
nicipal Court, which may be established in pursuance of 
Section one of this Article, and shall fix by law the powers, 
duties and responsibilities of the Judges thereof. 


MISCELLANEOUS. 

Legislature may provide for election of certain officers. 
Superintendent of Public Instruction. 

Dueling. 

Oath of office. 

New offices and officers. 

Terms of office. * 

Bight of suffrage. 

Absence of resident. 

Plurality vote. 

Legislature may Provide for Election of Certain Officers. 

Sec. 11, as amended 1862. The Legislature shall provide 
for the election of a Clerk of the Supreme Court, County 
Clerks, District Attorneys, Sheriffs and other necessary offi- 



64 


EXTRACTS FROM 


cers, and shall fix by law their duties and compensation. 
County Clerks shall be ex-officio Clerks of the Courts of 
Record in and for their respective counties. The Legislature 
may also provide for the appointment, by their several 
District Courts, of one or more Commissioners in the several 
counties of their respective districts, with authority to per¬ 
form chamber business of the Judges of the District Courts 
and County Courts, and also to take depositions and to per¬ 
form such other business connected with the administration 
of justice as may be prescribed by law. 

Superintendent of Public Instruction. 

Sec. 1, Article IX, as amended 1862. A Superintendent 
of Public Instruction shall, at the special election for judi¬ 
cial officers to be held in the year eighteen hundred and 
sixty-three, and every four years thereafter, at such special 
elections, be elected by the qualified voters of the State, 
and shall enter upon the duties of his office on the first day 
of December next after his election. 

Dueling. 

Sec. 2, Article XI. Any citizen of this State who shall, 
after the adoption of this Constitution fight a duel with 
deadly weapons, or send or accept a challenge to fight a 
duel with deadly weapons, either within this State or out of 
it; or who shall act as a second, or knowingly aid or assist in 
any manner those thus offending, shall not be allowed to hold 
any office of profit, or to enjoy the right of suffrage under this 
Constitution. 

Oath of Office. 

Sec. 3. Members of the Legislature, and all officers, ex¬ 
ecutive and judicial, except such inferior officers as may be 
by law exempt, shall, before they enter on the duties of 
their respective offices, take and subscribe the following oath 
or affirmation: 

I do solemly swear (or affirm, as the case may be) that I 
will support the Constitution of the United States, and the 
Constitution of the State of California, and that I will faith¬ 
fully discharge the duties of the office of-according to 

the best of my ability. And no other oath, declaration, or 
test shall be required as qualification for any office or public 
trust. 

New Offices and Officers. 

Sec. 6. All officers whose election or appointment is not 
provided for by this Constitution, and all officers whose of- 



CONSTITUTION OF THE STATE OF CALIFORNIA. 


65 


fice may hereafter be created by law, shall be elected by the 
people, or appointed as the Legislature may direct. 

Terms of Office. 

Sec. 7. When the duration of any office is not provided 
for by this Constitution, it may be declared by law, and if 
not so declared, such office shall be held during the pleasure 
of the authority making the appointment; nor shall the dura¬ 
tion of any office, not fixed by this Constitution, ever exceed i 
four years. 

Right of Suffrage. 

Sec. 18. Laws shall be made to exclude from office, ser¬ 
ving on juries, and from the right of suffrage, those who 
shall hereafter be convicted of bribery, perjury, forgery, or 
other high crimes The privilege of free suffrage shall be 
supported by laws regulating elections, and prohibiting, un¬ 
der adequate penalties, all undue influence thereon from 
power, bribery, tumult, or other improper practice. 

Absence of Residents. 

Sec. 19. Absence from this State, on business of the State, 
or of the United States, shall not affect the question of resi¬ 
dence of any person. 

Plurality Vote. 

Sec. 20. A plurality of the votes given at an election 
shall constitute a choice where not otherwise directed in 
this Constitution. 


5 * 


EXTRACTS FROM 


POLITICAL CODE AND LAWS 

OF THE 

STATE OF CALIFORNIA. 


Preliminary Provisions. 

Persons Composing the People of the State. 

Political Rights and Duties of all Persons Subject 
to the Jurisdiction of the State. 

Chief Political Divisions of the State. 

Public Officers. 

Of Elections. 

Government of Counties. 

Government of Cities. 

Elections for Officers for the City and County of 
San Francisco. 

Extracts from Penal Code. 

Extracts from Code of Civil Procedure. 

Order No. 1369 of the Board of Supervisors of the 
City and County of San Francisco. 


PRELIMINARY PROVISIONS. 

Holidays . 

Sec. 10. Holidays, witliin the meaning of the Code, are: 
Every Sunday, the first day of January, the twenty-second 
day of February, the fourth of July, the twenty-fifth day of 
December, every day on which an election is held through¬ 
out the State, and every day appointed by the President of 
the United States, or by the Governor of this State, for 
a public fast, thanksgiving or holiday. 

[See Act of March 7, 1876, page 142, post page .] 

TITLE II. 

PERSONS COMPOSING THE PEOPLE OF THE 
STATE. 

Section 50. Who are the people. 

51. Who are citizens. 

52. Residence. 





POLITICAL CODE AND LAWS OF CALIFORNIA. 


67 


Who are the People. 

Sec. 50. The people, as a political body, consist: 

1. Of citizens who are electors. 

2. Of citizens not electors. 

Who are Citizens. 

Sec. 51. The citizens of the State are: 

1. All persons born in this State and residing within it, 
except the children of transient alien and of alien public 
Ministers and Consuls. 

2. All persons born out of this State who are citizens of 
the United States and residing within this State. 

Note. —See Constitution U. S., Art. 14, § 1, page 6, Ante. R. S. U. S., 
$ 1992, page 26, Ante. 

Residence. 

Sec. 52. Every person has, in law, a residence. In de¬ 
termining the place of residence the following rules are to 
be observed: 

1. It is the place where one remains when not called else¬ 
where for labor or other special or temporary purpose, and 
to which he returns in seasons of repose. 

2. There can only be one residence. 

3. A residence cannot be lost until‘another is gained. 

4. The residence of the father during his life, and after 
his death the residence of the mother while she remains un¬ 
married, is the residence of the unmarried minor child. 

5. The residence of the husband is the residence of the 
wife. 

6. The residence of an unmarried minor who has a 
parent living cannot be changed by either his own act or 
that of his guardian. 

7. The residence can be changed only by the union of 
act and intent. 

Note. —See Secs. 1239 and 1240 Pol. Code, post page 

TITLE III. 

POLITICAL RIGHTS. AND DUTIES OF ALL 
PERSONS SUBJECT TO THE JURIS¬ 
DICTION OF THE STATE. 

Section 54. Jurisdiction and protection. 

55. Allegiance. 

56. Allegiance may be renounced. 

57. Persons not citizens. 

56. Eligibility to office. 

59. Rights and duties of citizens not electors. 

60. Rights and duties of citizens of other States, 



68 


EXTRACTS FROM 


Jurisdiction and Protection. 

Sec. 54 Every person, while within this State, is subject 
to its jurisdiction and entitled to its protection. 

Allegiance. 

Sec. 55. Allegiance is the obligation of fidelity and obe¬ 
dience which every citizen owes to the State. 

Allegiance may be Renounced. 

Sec. 56. Allegiance may be renounced by a change of 
residence. 

Persons not Citizens. 

Sec. 57. Persons in the State, not its citizens, are either: 

1. Citizens of other States ; or, 

2. Aliens. 

Eligibility to Office. 

Sec. 58. Eveiy elector is eligible to the office for which 
he is an elector, except where otherwise specially provided; 
and no person is eligible who is not such an elector. 

Note.— Women Eligible to Educational Offices. See Act of March 12, 1874, 
page 356, post page 

Rights and Duties of Citizens not Electors. 

Sec. 59. An elector has no rights or duties beyond those 
of a citizen not an elector, except the right and duty of 
holding and electing to office. 

Rights and Duties of Citizens of other States. 

Sec. 60. A citizen of the United States, who is not a citi¬ 
zen of this State, has the same rights and duties as a citizen 
of this State not an elector. 


CHIEF POLITICAL DIVISIONS OF THE STATE. 

Counties, Vote, etc. 

Congressional Districts. 

Senatorial and Assembly Districts. 

Election of Senators and Assemblymen. 

Judicial Districts. 

TITLE I. 

OF COUNTIES. 

Definition of County. 

Sec. 3901. A county is the largest political division of the 
State having corporate powers. 

Note. —The boundaries of the counties, as contained in Political Code Secs. 
3902 to 3958 inclusive, are omitted, being too redundant for this work. 




2 

2 

2 

3 

2 

3 

2 

3 

2 

4 

3 

4 

4 

3 

3 

4 

3 

4 

3 

4 

3 

4 

4 

3 

2 

2 

3 

2 

4 

4 

4 

1 

2 

4 

4 

4 

4 

4 

3 

3 

3 

3 

3 

4 

3 

3 

3 

4 

2 

4 

3 

3 


POLITICAL CODE AND LAWS OF CALIFORNIA. 


6 f J 


Names of Counties , Fbfe, 7#c. 

Le showing the names of Counties and vote cast at 
udential election of 1876: 


Senatorial 

Assembly 

Districts 

Judicial 

Districts. 

COUNTIES. 

Hayes. 

Tilden. 

14 

3 

Alameda. 

4,940 

3,348 

23 

16 

Alpine. 

110 

65 

16 

11 

Amador. 

1,172 

1,315 

26 

2 

Butte. 

1,665 

1,635 

17 

11 

Calaveras .. 

886 

936 

29 

10 

Colusa. 

766 

1,469 

15 

15 

Contra Costa. 

1,184 

838 

27 

8 

Del Norte. 

186 

228 

23 

11 

El Dorado. 

1,331 

1,441 

4 

' 13 

Fresno. 

338 

968 

27 

8 

Humboldt.. 

1,637 

1,127 

4 

16 

Inyo. 

343 

375 

4 

16 

Kern. 

556 

844 

20 

7 

Lake. 

380 

703 

26 

21 

Lassen. 

256 

227 

2 

17 

Los Angeles. 

3,042 

3,616 

15 

22 

Marin. 

651 

619 

5 

13 

Mariposa. 

365 

554 

27 

22 

Mendocino. 

929 

1,283 

5 

13 

Merced. 

558 

804 

28 

21 

Modoc. 

208 

322 

4 

16 

Mono.. 

153 

125 

6 

20 

Monterey. 

1,183 

1,012 

20 

7 

Napa. 

1,153 

965 

24 

14 

Nevada. 

2,300 

1,905 

22 

14 

Placer. 

1,610 

1,278 

26 

21 

Plumas. 

584 

502 

18 

6 

Sacramento. 

3,839 

2,485 

6 

20 

San Benito. 

435 

664 

1 

18 

San Bernardino. 

674 

607 

1 

18 

San Diego. 

794 

668 

8, 9, 

3,4,) 




10, 11, 

12,15, t 

San Francisco . 

21,172 

20,399 

12, 13 

19 f 




16 

5 

San Joaquin. 

2,272 

1,850 

3 

1 

San Luis Obispo. 

772 

944 

8 

12 

San Mateo. 

871 

696 

3 

1 

Santa Barbara. 

1,174 

744 

7 

20 

Santa Clara. 

3,336 

3,065 

6 

20 

Santa Cruz. 

1,537 

l, 132 

28 

9 

Shasta. 

625 

641 

24 

10 

Sierra . 

917 

511 

28 

9 

Siskiyou. 

718 

861 

19 

7 

Solano. 

1,952 

1,753 

51, 20 

22 

Sonoma.. 

2,432 

2,907 

5 

5 

Stanislaus. 

802 

1,097 

25 

10 

Sutter. 

550 

553 

29 

2 

Tehama. 

646 

675 

28 

9 

Trinity. ... 

388 

408 

4 

13 

Tulare. 

986 

1,370 

17 

5 

Tuolumne. 

809 

917 

3 

1 

Ventura. 

608 

591 

19 

6 

Yolo. 

1,233 

1,360 

25 

10 

Yuba. 

1,251 

1,076 



Total . 

79,265 

76,564 


In many cases the same Senatorial and Assembly District contains 

one county. This is also true as to Judicial Districts, 








































































70 


EXTRACTS FROM 


CONGRESSIONAL DISTRICTS OF CALIFORNIA. 

Congressional Districts. 

Vote of Congressional Districts. 

7, II, III and IV Congressional Districts. 

"AN ACT to divide the State into Congressional Districts,” (Approved 
March 30, 1872, page 714.) 

Sec. 1. For the purpose of electing Representatives to 
the Congress of the United States, the State is hereby di¬ 
vided into Districts, as follows: 

First Congressional District. 

Sec. 2. The First District shall be composed of the city 
and county of San Francisco. 

Second Congressional District. 

Sec. 3. The Second District shall be composed of the 
counties of Contra Costa, Alameda, San Joaquin, Calaveras, 
Amador, El Dorado, Sacramento, Placer, Nevada, Alpine 
and Tuolumne. 

Third Congressional District. 

Sec. 4. The Third District shall be composed of the 
counties of Marin, Sonoma, Napa, Lake, Solano, Yolo, Sut¬ 
ter, Yuba, Sierra, Butte, Plumas, Lassen, Tehama, Colusa, 
Mendocino, Humbolt, Trinity, Shasta, Siskiyou, *Klamath 
and Del Norte. 

"Note. —Klamath county was abolished by Act of March 28, 1874, page 755. 
Fourth Congressional District. 

Sec. 5. The Fourth District shall be composed of the 
counties of San Diego, Los Angeles, San Bernardino, Santa 
Barbara, San Luis Obispo, Tulare, Monterey, Fresno, Kern, 
Merced, Mariposa, Stanislaus, Santa Clara, Santa Cruz, San 
Mateo, Mono, ancl Inyo. 

Congressional Vote. 

Table showing the vote of Congressional Districts at the 
election 1876: 

Districts. Republican. Democratic. Majority. 

I. Horace Davis.22,114 W. A. Piper.19,363 Rep,... 2,751 

II. H. F, Page.20,815 A. D. Carpenter. 15,916 Rep.4,899 

III. Joseph McKenna.. 18,990 J. K. Luttrell... . 19,846 Dem.... 856 

IV, R, Pacheco.19,104 P. D. Wigginton. .19,103 Rep. ... 1 


Total. 


81,023 


74,228 Rep.6,795 











POLITICAL CODE AND LAWS OF CALIFORNIA. 


71 


SENATORIAL AND ASSEMBLY DISTRICTS. 

First to twenty-ninth inclusive. 

“AN ACT to define the Senatorial and Assembly Districts of this State, and 
to apportion the representation thereof.” (Approved March 16, 1874, 
page 366.) 

First Senatorial and Assembly District. 

Sec. 1. The counties of San Diego and San Bernardino 
shall be the First Senatorial District, and shall elect one 
Senator; and each of said counties shall elect one member 
of the Assembly. 

Second Senatorial and Asseihbly District. 

Sec. 2. The county of Los Angeles shall be the Second 
Senatorial District, and shall elect one Senator and two 
members of the Assembly. 

Third Senatorial and Assembly District. 

Sec. 3. The counties of Ventura, Santa Barbara and San 
Luis Obispo shall be the Third Senatorial District, and 
shall elect one Senator. Ventura and Santa Barbara jointly 
shall elect one member of the Assembly, and San Luis 
Obispo shall elect one member of the Assembly. 

Fourth Senatorial and Assembly District. 

Sec. 4. The counties of Tulare, Inyo, Fresno, Mono, and 
Kern, shall be the Fourth Senatorial District, and shall 
elect one Senator; Fresno shall elect one member of the 
Assembly. Tulare and Kern shall elect jointly one member 
of the Assembly ; and Mono and Inyo shall elect jointly 
one member of the Assembly. 

Fifth Senatorial and Assembly District. 

Sec. 5. The counties of Mariposa, Merced and Stanislaus 
shall be the Fifth Senatorial District, and shall elect one 
Senator. Mariposa and Merced shall jointly elect one 
member of the Assembly, and Stanislaus shall elect one 
member of the Assembly. 

Sixth Senatorial and Assembly District. 

Sec 6 . The counties of Santa Cruz, Monterey and San 
Benito shall be the Sixth Senatorial District, and shall elect 
jointly one Senator; and each of said counties shall elect 
one member of the Assembly 


72 


EXTRACTS FROM 


Seventh Senatorial and Assembly District . 

Sec. 7. The county of Santa Clara shall be the Seventh 
Senatorial District, and shall elect two Senators and three 
members of the Assembly. 

Eighth Senatorial and Assembly District. 

Sec. 8. The city and county of San Francisco, and the 
County of San Mateo, shall be the Eighth Senatorial Dis¬ 
trict, and shall elect one Senator; the county of San Mateo 
shall elect one member of the Assembly. 

Ninth Senatorial and Assembly District. 

Sec. 9. That portion of the city and county of San Fran¬ 
cisco, bounded and described as follows, to wit: Commen¬ 
cing at a point where the southerly line of the United States 
Military Reservation, known as the “Presidio Reservation,” 
intersects with the waters of the Pacific ocean; thence mean¬ 
dering along the waters of said ocean and the waters of the 
Bay of San Francisco northerly, easterly, and southerly, to 
the point where Washington street intersects with said bay; 
thence westerly along said Washington street to its inter¬ 
section with First avenue; thence northerly along said avenue 
to its intersection with the southerly boundary line of the 
said ‘ ‘Presidio Reservation f thence westerly, and along the 
southerly boundary line of said “Presidio Reservation” to 
its intersection with the Pacific ocean and the point of 
beginning; shall be the Ninth Senatorial District, and shall 
elect two Senators and four members of the Assembly. 

Tenth Senatorial and Assembly District. 

Sec. 10. That portion of the city and county of San 
Francisco bounded and described as follows, to wit: Com¬ 
mencing at a point where the southerly boundary line of the 
“Presidio Reservation” intersects with the waters of the 
Pacific ocean; thence easterly and along the southerly boun¬ 
dary line of said “Presidio Reservation” to the point where 
First avenue intersects with said boundary line ; thence 
southerly along said First avenue to the point where Wash¬ 
ington street intersects with said First avenue; thence east¬ 
erly along said Washington street to its intersection with the 
waters of the Bay of San Francisco; thence southerly along 
the line of said Bay to the point of intersection of Market 
street with said Bay ; thence westerly along said Market 
street to the point where Geary street intersects with said 
Market street; thence westerly along said Geary street to 


POLITICAL CODE AND LAWS OF CALIFORNIA. 73 

where it connects with the Point Lobos toll-road; thence along 
said Point Lobos toll-road and said toll road produced in a 
direct line to the Pacific ocean; thence northerly along said 
ocean to the point of beginning; shall be the Tenth Senato¬ 
rial District, and shall elect two Senators and four members 
of the Assemby. 

Eleventh Senatorial and Assembly District. 

Sec. 11. That portion of the city and county of San 
Francisco bounded and described as follows, to wit: Com¬ 
mencing at a point on the line of Market street where Fourth 
street intersects with said Market street; thence easterly and 
along said Market street to the waters of the Bay of San 
Francisco; thence southerly and southwesterly along the line 
of the waters of said Bay to a point where Fourth street in¬ 
tersects with said Bay; thence northerly along the line of 
said Fourth street to the point of beginning; shall be the 
Eleventh Senatorial District, and shall elect two Senators 
and four members of the Assembly. 

Tioelftli Senatorial and Assembly District. 

Sec. 12. That portion of the city and county of San 
Francisco bounded and described as follows, to wit: Com¬ 
mencing at the intersection of Larkin and Geary streets, and 
running thence easterly along said Geary street to its inter¬ 
section with Market, street; thence southwesterly along the 
line of said Market street to the point of intersection of 
Fourth street with said Market street ; thence southerly 
along said Fourth street to the point of its intersection with 
Channel street; thence southwesterly along said Channel 
street to the point of its intersection with Eighth street.; 
thence northerly along said Eighth street to the point of its 
intersection with Market street; thence southwesterly along 
said Market street to the point of the intersection of Larkin 
street 'with said Market street; thence northerly along said 
Larkin street to the point of beginning; shall be the Twelfth 
Senatorial District, and shall elect two Senators and four 
members of the Assembly. 

Thirteenth Senatorial and Assembly District. 

Sec. 13. That part of the city and county of San Fran¬ 
cisco bounded and desciibed as follows, to wit: Commencing 
at a point where the Point Lobos toll-road, produced in a 
direct line westerly, intersects with the waters of the Pacific 
ocean, and running thence easterly along said Point Lobos 
toll-road to the point of its connection with Geary street; 


74 


EXTRACTS FROM 


thence along said Geary street easterly to its intersection 
with Larkin street; thence southerly along said Larkin 
street to the point of its intersection with Market street; 
thence northeasterly along said Market street to the point 
where Eighth street intersects with said Market street; 
thence southeasterly along said Eighth street to its intersec¬ 
tion with Channel street; thence northeasterly along said 
Channel street to the point of its intersection with Fourth 
street; thence southeasterly along said Fourth street to the 
point of its intersection with the Bay of San Francisco; 
thence southerly along the line of the waters of said bay to 
the point of intersection of the boundary line between the 
city and county of San Francisco and the county of San 
Mateo with the waters of said bay; thence westerly along 
said boundary line to the point of its intersection with the 
Pacific ocean; thence northerly along the line of said ocean 
to the point of beginning; shall be the Thirteenth Senatorial 
District, and shall elect two Senators and four members of 
the Assembly. 

Fourteenth Senatorial and Assembly District. 

Sec. 14. The county of Alameda shall be the Fourteenth 
Senatorial District, and shall have two Senators and three 
members of the Assembly. 

Fifteenth Senatorial and Assembly District. 

Sec 15. The counties of Contra Costa and Marin shall 
be the Fifteenth Senatorial District, and shall elect one 
Senator; and each of said counties shall elect one member 
of the Assembly. 

Sixteenth Senatorial and Assembly District. 

Sec. 16. The counties of San Joaquin and Amador shall 
be the Sixteenth Senatorial District; San Joaquin shall elect 
one Senator, and, jointly, with Amador, shall elect one Sen¬ 
ator; San Joaquin shall elect three members of the Assem¬ 
bly, and Amador shall elect two members of the Assembly. 

Seventeenth Senatorial and Assembly District. 

Sec. 17. The counties of Tuolumne and Calaveras shall 
be the Seventeenth Senatorial District, and shall elect one 
Senator, and each of said counties shall elect one member 
of the Assembly. 

Eighteenth Senatorial and Assembly District. 

Sec. 18. The county of Sacramento shall be the Eigh- 


POLITICAL CODE AND LAWS OF CALIFORNIA. 75 

teenth Senatorial District, and shall elect, two Senators and 
three members of the Assembly. 

Nineteenth Senatorial and Assembly District. 

Sec. 19. The counties of Solano and Yolo shall be the 
Nineteenth Senatorial District; Solano shall elect one Sen¬ 
ator and two members of the Assembly; Yolo shall elect 
one member of the Assembly, and, jointly, with Solano, 
shall elect one Senator. 

Twentieth Senatorial and Assembly District. 

Sec. 20. The counties of Napa, Lake and Sonoma shall 
constitute the Twentieth Senatorial District, and shall elect 
one Senator; and Napa and Lake counties shall each elect 
one member of the Assembly. 

Tiventy-first Senatorial and Assembly District. 

Sec. 21. The county of Sonoma shall be the Twenty-first 
Senatorial District, and shall elect one Senator and three 
members of the Assembly. 

Twenty-second Senatorial and Assembly District. 

Sec. 22. The county of Placer shall be the Twenty-sec¬ 
ond Senatorial District, and shall elect one Senator and one 
member of the Assembly. 

Twenty-third Senatorial and Assembly District. 

Sec. 23. The counties of El Dorado and Alpine shall be 
the Twenty-third Senatorial District, and shall elect one 
Senator; the county of El Dorado shall elect one member 
of the Assembly; and the counties of El Dorado and Alpine 
shall, jointly, elect one member of the Assembly. 

Twenty-fourth Senatorial and Assembly District. 

Sec. 24. The counties of Nevada and Sierra shall be the 
Twenty-fourth Senatorial District; Nevada shall elect one 
Senator and three members of the Assembly; Sierra shall 
elect one member of the Assembly and one Senator, jointly, 
with Nevada. 

Tiventy-fifth Senatorial and Assembly District. 

Sec. 25. The counties of Yuba and Sutter shall be the 
Twenty-fifth Senatorial District, and shall elect one Senator; 
Yuba shall elect two members of the Assembly, and Sutter 
shall elect one member of Assembly. 


76 


EXTRACTS FKOM 


Tiventy-sixth Senatorial and Assembly District. 

Sec. 26 The counties of Butte, Plumas and Lassen shall 
be the Twenty-sixth Senatorial District, and shall elect one 
Senator; Butte shall elect two members of the Assembly, 
and Plumas and Lassen shall, jointly, elect one member of 
the Assembly. 

Twenty-seventh Senatorial and Assembly District. 

Sec. 27. The counties of Mendocino, Humboldt, Klam¬ 
ath and Del Norte shall be the Twenty-seventh Senatorial 
District, and shall elect one Senator; Humboldt and Men¬ 
docino shall each elect one member of the Assembly, and 
Klamath and Del Norte shall, jointly, elect one member of 
the Assembly. 

Twenty-eighth Senatorial and Assembly District. 

Sec. 28. The counties of Siskiyou, Modoc, Trinity and 
Shasta shall be the Twenty-eighth Senatorial District, and 
shall elect, jointly, one Senator; Siskiyou and Modoc shall 
elect, jointly, one member of the Assembly; Trinity and 
Shasta shall elect, jointly, one member of the Assembly. 

Twenty-ninth Senatorial and Assembly District. 

Sec. 29. The counties of Colusa and Tehama shall be 
the Twenty-ninth Senatorial District, and shall elect one 
Senator and one member of the Assembly. 


ELECTION OF SENATORS AND ASSEMBLYMEN. 

Of Elections. 

Sec. 30. At the general election to be held in the year 
eighteen hundred and seventy-five, and every four years 
thereafter, there shall be elected in the First, Fifth, Sixth, 
Seventh, Eighth, Ninth, Tenth, Eleventh, Fourteenth, Fif¬ 
teenth, Sixteenth, Eighteenth, Nineteenth, Twentieth, 
Twenty-seventh and Twenty-ninth Districts, one Senator 
each, and in the Twelfth and Thirteenth Districts two Sena¬ 
tors each. 

Sec. 31. At the general election to be held in the year 
eighteen hundred and seventy-seven, and every four years 
thereafter, there shall be elected in the Second, Third, 
Fourth, Seventh, Ninth, Tenth, Eleventh, Fourteenth, Six¬ 
teenth, Seventeenth, Eighteenth, Nineteenth, Twenty-first 
Twenty-second, Twenty-third, Twenty-fifth, Twenty-sixth 



POLITICAL CODE AND LAWS OF CALIFORNIA. 77 

and Twenty-eighth Districts, one Senator each, and in the 
Twenty-fourth District two Senators. 

Sec. 32. At the general election to be held in the year 
eighteen hundred and seventy-five, and every two years 
thereafter, members of the Assembly shall be elected in the 
several Districts and counties of the State as is provided in 
this Act. 


JUDICIAL DISTRICTS. 

First to Twenty-second Judicial Districts. 

Sec. 125.. This State is divided into seventeen (twenty- 
two*) Judicial Districts, arranged as described in this chap¬ 
ter. 

*See Supplemental Acts. 

First Judicial District. 

Sec. 126. The First Judicial District consists of the 
counties of Santa Barbara and San Luis Obispo (and Ven- 
turaf.) 

(•The county of Ventura was added to the First Judicial District by “An Act, 
to create the county of Ventura to establish the boundaries thereof, and to pro¬ 
vide for its organization.” (Approved March 22, 1872, page 481.) 

Second Judicial District. 

Sec. 127. The Second, of the counties of Tehama (and) 
Butte.* * * 

Note. —Plumas and Lassen counties were subtracted from Second Judicial 
District, and included in Twenty-first Judicial District, by f‘An Act to create 
the Twenty-first Judicial District.” (Approved February 15, 1876, page 58.) 

Third Judicial District . 

Sec. 2.J The Third Judicial District shall be composed 
of the county of Alameda, and all that portion of the city 
and county of San Francisco described as follows: Com¬ 
mencing at the eastern boundary line of said city and county, 
at a point in a line with the centre of Market street; thence 
southerly along the centre line of Market street to its inter¬ 
section with the easterly line of Kearny street; thence north¬ 
erly along said eastern line of Kearny street to the centre of 
California street; thence easterly along the centre line of 
California street to the northerly line of Market street; 
thence easterly along the northerly line of Market street and 
in the same course to the eastern boundary of said city and 

fOf “An Act creating the Nineteenth and Twentieth Judicial Districts and 
defining the Third, Fourth, Twelfth and Fifteenth Judicial Districts.” (Ap¬ 
proved March 8, 1872, page 301. 




78 


EXTRACTS FROM 


county; thence southerly along said eastern boundary of the 
city and county of San Francisco to the place of commence¬ 
ment. 

Fourth Judicial District. 

Sec. 5.* The Fourth Judicial District shall be composed 
of all that portion of the city and county of San Francisco 
described as follows: Commencing at the western boundary 
of said city and county, at a point in a line with the 
centre of Ridley street; thence easterly and along the centre 
of Ridley street to the centre of Market street; thence 
northeasterly and along the centre of Market street to a 
point in a line with the centre of Larkin street; thence 
northerly along the centre of Larkin street to the centre of 
Washington street; thence easterly along the centre of 
Washington street to the centre of Kearny street; thence 
southerly along the centre of Kearny street to a point in a 
line with the north side of the City Hall or Court House; 
thence easterly to and along the northern line of the City 
Hall or Court House, sixty-five feet from the eastern line of 
Kearny street; thence southerly at aright angle to the south 
line of said City Hall or Court House; thence at a right 
angle easterly along the south line of said building to the 
east line thereof; thence northerly along said east line of 
said building to a point eight inches north of the north line 
of said building; thence at a right angle westerly to the 
centre of Kearny street; thence northerly along the 
centre of Kearny street to the northern boundary of 
said city and county; thence westerly along the northern 
boundary and southerly along the western boundary of said 
city and county of San Francisco to the place of commence¬ 
ment. 

*Of “An Act creating the Nineteenth and Twentieth Judicial Districts, and 
defining the Third, Fourth, Twelfth and Fifiteenth Judicial Districts.” (Ap¬ 
proved March 8, 1872, page 301.) 

Fifth Judicial District. 

Sec. 130. The fifth, of the counties of San Joaquin, 
Tuolumne and Stanislaus. 


Sixth Judicial District. 

Sec. 131. The sixth, of the counties of Sacramento and 
Yolo. 

Seventh Judicial District. 

Sec. 132 as amended March 29,1876. The seventh, of the 
counties of Napa, Lake and Solano. 


POLITICAL CODE AND LAWS OF CALIFORNIA. 79 

Eighth Judicial District. 

Sec. 133. The eighth, of the comities of Humboldt, Kla¬ 
math* and Del Norte. 

* Note— Klamath County was abolished by Act of March 30, 1874, page 755. 

Ninth Judicial District . 

Sec. 134. The ninth, of the Counties of Shasta, Trinity, 
and Siskiyou. 

Note.— The County of Modoc was added to the Ninth Judicial District by 
“An Act to create the county of Modoc, to establish the boundaries thereof, 
and to provide for its organization.” (Approved February 17, 1874:1873-4, 
P‘ It was afterwards attached to the Twenty-first Judicial District, to 

which it now belongs, by An Act to create the Twenty-first Judicial District,” 
Approved February 15, 1876: 1875-6, 58. 

Tenth Judicial District. 

Sec. 135. The tenth, of the Counties of Yulia, Sutter, 
Colusa, and Sierra. 

Eleventh Judicial District. 

Sec. 136. The eleventh, of the Counties of Calaveras, 
Amador and El Dorado. 

Twelfth Judicial District. 

Sec. 6.f The Twelfth Judicial District shall be composed 
of the County of San Mateo and all that portion of the City 
and county of San Francisco described as follows : Com¬ 
mencing at the western boundary of said city and county at 
a point in a line with the centre of Ridley street; thence run¬ 
ning easterly in a line with and through the centre of Rid¬ 
ley street to the centre of Market street; thence easterly 
along the centre of Market street to a point in a line with 
the centre of Kearny street; thence northeasterly along the 
centre of Kearny street to a point in a line with the north¬ 
ern side of the City Hall or Court House; thence easterly 
and along the northern line of the City Hall or Court House 
to a point sixty-five feet from the eastern line of Kearny 
street; thence at a right angle southerly to the southern line 
of the City Hall or Court House'; thence along the southern 
line of that building to the eastern line of Kearny street, 
thence southerly along the eastern line of Kearny street to 
the centre of Market street; thence northeasterly along the 
centre of Market street to the eastern boundary of the city 
and county of San Francisco; thence southerly along said 


fOf An Act creating the Nineteenth, and Twentieth Judicial Districts, and 
defining the Third, Fourth, Twelfth and Fifteenth Judicial Districts. (Ap¬ 
proved March 8, 1872, page 301.) 



80 


EXTRACTS FROM 


eastern boundary, and westerly along the southern boun¬ 
dary, and northerly along the western boundary to the place 
of commencement. 

Thirteenth Judicial District. 

Sec. 138. The thirteenth, of the Counties of Tulare, 
Fresno, Merced and Mariposa. 

Fourteenth Judicial District. 

Sec. 139. The fourteenth, of the Counties of Placer, and 
Nevada. 

Fifteenth Judicial District. 

Sec. 3* The Fifteenth Judicial District shall be com¬ 
posed of the county of Contra Costa, and all that portion 
of the city-and county of San Francisco described as fol¬ 
lows: Commencing at a point in the eastern boundary line 
of said city and county where the northern line of Market 
street protracted intersects the same; thence southwesterly 
and along the northern line of Market street to the centre of 
California street, thence westerly and along the centre of 
California street to the eastern line of Kearny street; thence 
northerly along the eastern line of Kearny street to the south 
line of the City Hall or Court House; thence easterly along 
the south line of said building to the southeast corner there¬ 
of ; thence northerly along the east line of said building, 
and in the same direction, to a point eight inches north of 
the north line of said building; thence westerly and parallel 
with the north line of said building to the centre of Kearny 
street; thence northerly and along the centre of Kearny 
street to the northern boundary of said city and county; 
thence easterly and southerly along the boundary of said 
city and county to the place of beginning. 

Sixteenth Judicial District. 

Sec. 141. The sixteenth,®of the counties of Alpine, Mono, 
Inyo and Kern. 

Seventeenth Judicial District. 

Sec. If * * * * * * 

The county of Los Angeles shall remain, and hereafter 
constitute the Seventeenth Judicial District. 


*Of “An Act creating the Nineteenth and Twentieth Judicial Districts, and 
defining the Third, Fourth, Twelfth andFifteenth Judicial Districts:’’ (Ap¬ 
proved March 8, 1872, page 301.) 

tOf “An Act to create the Eighteenth Judicial District, and for other pur¬ 
poses.” [Approved February 20, 1872, page 116.] 




POLITICAL CODE AND LAWS OF CALIFORNIA. 


81 


Eighteenth Judicial District. 

Sec. 1* The Counties of San Diego and San Bernardino 
shall be hereafter known as, and constitute the Eighteenth 
Judicial District. 

*Of “An Act to create the Eighteenth Judicial District, and for other pur¬ 
poses.’’ (Approved February 20, 1872, page 116.) 

Nineteenth Judicial District. 

Sec. 4.f The Nineteenth Judicial District shall be com¬ 
posed of all that portion of the city and county of San 
Francisco described as follows: Commencing at a point in 
the centre of Market street in a line with the centre of Lar¬ 
kin street; thence running northerly and along the centre of 
Larkin street to a point in the centre of Washington street; 
thence easterly and along the centre of Washington street to 
the centre of Kearny street ; thence southerly along the 
centre of Keamy street to the centre of Market street; 
thence southwesterly along the centre of Market street to 
the place of commencement. 

Twentieth Judicial District. 

Sec. l.f The Twentieth Judicial District shall be com¬ 
posed of the counties of Monterey, Santa Cruz and Santa 
Clara. 

tOf an Act creating the Nineteenth and Twentieth Judicial Districts, and 
defining the Third, Fourth, Twelfth and Fifteenth Judicial Districts. (Ap¬ 
proved March 8, 1872, page 301.) 

Twenty-first Judicial District. 

Sec. l.J The Twenty-first Judicial District is hereby 
created, and shall be composed of the counties of Modoc, 
Lassen and Plumas. 

| Of “An Act to create the Twenty-first Judicial District.” (Approved 
February 15, 1876, page 58.) 

Ticenty-second Judicial District. 

Sec. l.g The Twenty-second Judicial District is hereby 
created, and shall be composed of the counties of Mendo¬ 
cino, Sonoma and Marin. 

$ Of “An Act to create the Twenty-second Judicial District.” (Approved 
March 29, 1876. page 618.) 


6 * 


82 


EXTRACTS FROM 


PUBLIC OFFICERS. 

Classification of Public Officers. 

Legislative Officers. 

Executive Officers. 

Judicial Officers. 

Ministerial and other Officers connected with the 
Courts. 

General Provisions Relative to Different Classes of 
Officers. 


PART III.—TITLE I. 

CLASSIFICATION OF PUBLIC OFFICERS. 

Sec. 220. Tlie public officers of this State are classified 
as follows: 

1. Legislative. 

2. Executive. 

3. Judicial. 

4. Ministerial officers and officers of the Courts. 

But this classification is not to be construed as defining 
the legal powers of either class. 


CHAPTER II. 

LEGISLATIVE OFFICERS. 

Article I. Designation, term of office, and election of members. 

II. Meeting and organization of the Legislature. 

VI. Contesting elections for members of the Legislature. 

VII. Contesting elections for Governor or Lieutenant-Governor. 

Number and Designation of Legislators. 

Sec. 225. The Legislature consists of: 

1. Forty Senators; and 

2. Eighty members of the Assembly. 

Term of Office. 

Sec. 226. The term of office of a Senator is four years; 
of a member of the Assembly two years. 




POLITICAL CODE AND LAWS OF CALIFORNIA. 


83 


Election of Senators and Assemblymen. 

Sec. 227. 

Note.— See Secs. 30, 31, 32 of “An Act to define the Senatorial and Assem¬ 
bly Districts of this State, and to apportion the representation thereof.” 
[Approved March 16, 1874, page 336.] Page 76 ante. 


ARTICLE II. 

Meeting and Organization of the Legislature. 

Time and place of meeting. 

Certificate of election entitles to seat. 

Time and Place of Meeting. 

Sec. 235. The Legislature must assemble at the seat of 
government on the first Monday in December, eighteen hun¬ 
dred and seventy-three, and on the first Monday in Decem¬ 
ber every two years thereafter. 

Certificate of Election Entitles to Seat. 

Sec. 236, as amended March 30, 1874, page 3. The cer¬ 
tificate of election is prima facie evidence of the right to 
membership. 


ARTICLE YI. 

Contesting Elections for Members of the Legislature. 

Who may contest. 

Statement of cause of contest to be filed. 

Commission to take testimony. 

Notice to person interested, by whom served. 

Compelling the attendance of witnesses. 

Testimony, how taken. 

Vacancy in commission, how filled. 

Fees of officers. 

Testimony to be transmitted to Secretary of State. 

Depositions. 

Further evidence. 

Who may Contest. 

Sec. 273. The right of any person declared elected to a 
seat in the Senate or Assembly may be contested by any 
qualified voter of the county or district to be represented 
by such Senator or Assemblyman. 




84 


EXTRACTS FROM 


Statement of Cause of Contest to be Filed. 

Sec. 274, as amended , approved March 30, 1874, page 4. 
The person contesting such election must, within twenty 
days after the certificate of election is issued, file with the 
Clerk of the county, or one of the counties in which the 
alleged cause of contest originated, a statement of the 
grounds of contest, verified by his oath. 

Commission to take Testimony. 

Sec. 275. On the filing of such statement, the Clerk 
must issue a commission, directed to two Justices of the 
Peace of his county, to meet at a time and place specified 
in the commission, not less than twenty nor more than thirty 
days from the date thereof, for the'purpose of taking the 
depositions of such witnesses as the parties to the contest 
may wish to examine. 

Notice to Person Interested , by Whom Served. 

Sec. 276. Written notice of such contest, specifying the 
time and place of taking depositions, and a copy of the 
statement certified by the Clerk, must be delivered to the 
person whose election is contested, or, if he cannot be 
found, left at the house where he last resided, by the Sheriff 
of the county in which such person claims his residence, 
within ten days after such statement is filed. 

Compelling Attendance of Witnesses. 

Sec. 277. Either of the Justices of the Peace have power 
to issue subpoenas for witnesses, at the request of either 
party, to be served by the Sheriff as other subpoenas; and 
such Justices, when met at the time and place appointed to 
take such depositions, have the same power to issue attach¬ 
ments and assess fines against witnesses as is given to Jus¬ 
tices of the Peace in the trials of civil actions. 

Testimony , how Taken. 

Sec. 278. The Justices must meet at the time and place 
appointed, and take the depositions of witnesses produced 
by the parties, and may continue the examination from day 
to day, if necessary. When the examination is closed, they 
must seal up the depositions taken before them, together 
with the commission, and transmit the same by mail or ex¬ 
press to the Clerk with whom the statement was filed. 

Vacancy in Commission , hoiu Filled. 

Sec. 279. If, at any time, either of the Justices is unable 


POLITICAL CODE AND LAWS OF CALIFORNIA. 


85 


to proceed in such examination, the Clerk may supply the 
vacancy by designating any other Justice of the Peace of 
the county. 

Fees of Officers. 

Sec. 280. Officers performing services in a contested elec¬ 
tion case may charge and collect, from the party at whose 
instance such services were performed, the same fees as are 
allowed them for similar services in civil cases. 

Testimony to be Transmitted to Secretary of State. 

Sec. 281. The Clerk must seal up the depositions, the 
original statement, the copy of the notice served upon the 
party whose right is contested, and the commission issued 
to the Justices of the Peace, and transmit the same by mail 
to the Secretary of State, indorsing thereon the names of 
the contesting parties and the branch of the Legislature 
before which such contest is to be tried. The Secretary 
of State must deliver the same, unopened, to the presiding 
officer of the house in which such contest is to be tried, on 
or before the second day of the session of the Legislature 
next after taking such depositions; and such presiding offi¬ 
cer must immediately give notice to the house that such 
papers are in his possession. 

Depositions. 

Sec. 282. At any time after notice of contest has been 
given, and before the trial thereof before the proper branch 
of the Legislature, either party may take depositions, to be 
read on the trial, in like manner and under the same rules 
as are allowed and required in the cases of depositions to be 
read on the trial of civil actions; and such depositions, 
when taken, must be sealed up by the officer taking the 
same, and directed to the Secretary of State, who must 
keep the same, unopened, and deliver them to the presiding 
officer of the house in which the contest is to be tried. 

Further Evidence. 

Sec. 283. The house before which the contest is pending 
may take such other evidence in the case as it deems mate¬ 
rial. 


86 


EXTRACTS FROM 


ARTICLE VII. 

Contesting the Election for Governor or Lieutenant-Governor . 

Who may contest. 

Grounds of contest to be stated in petition. 

Notice to Respondent. 

Notice to Houses. 

Trial Committee, how chosen. 

Notice of choice. 

Powers of Committee. 

Judgment of Committee. 

Who may Contest. 

Sec. 288. Any elector of the State may contest the elec¬ 
tion of any person declared elected Governor or Lieutenant- 
Governor of the State of California. 

Grounds of Contest to be Stated in Petition. 

Sec. 289. Such elector may, within twenty days after the 
declaration of the result of the election, deliver to the pre¬ 
siding officer of each House of the Legislature a verified 
specification of the grounds of contest. 

Notice to Respondent. 

Sec. 290. As soon as the presiding officers have received 
the specifications they must make out a notice, in writing, 
directed to the person whose election is contested, and de¬ 
liver the same to a Sergeant-at-Arms, who must serve such 
notice at once on the person therein named. 

Notice to Houses. 

Sec. 291. The presiding officers must also immediately 
give notice to their respective Houses that such specifications 
have been received. 

Trial Committee , how Chosen. 

Sec. 292. Each House must at once choose seven mem¬ 
bers of its own body, in the following manner: 

1. The names of the members, except the Speaker of 
the Assembly, written on similar paper tickets, must be 
placed in a box. 

2. The Secretary of the Senate, in the presence of r the 
Senate, and the Clerk of the Assembly, in the presence of 
the House, must draw from their respective boxes the 
names of seven members of each. 


POLITICAL CODE AND LAWS OF CALIFORNIA. 


87 


Notice of Choice. 

Sec. 293. As soon as the names are drawn, notice of the 
names of members drawn in one House must be given to 
the other, and the names of the fourteen members drawn 
must be entered on the Journals of each House. 

Powers of Committee. 

Sec. 294. The members thus selected constitute a Com¬ 
mittee to try such contested election, and for that purpose 
must hold their meetings publicly at the Seat of Govern¬ 
ment at such time and place as they may designate, and may 
adjourn from day to day, or to a day certain, until such trial 
is determined. They have power to send for persons and 
papers, and to take all necessary means to procure testi¬ 
mony, extending like privileges to each party to the contest. 
They must report their judgment in the premises to both 
Houses of the Legislature, which report must be entered 
upon the Journals. 

Judgment of Committee. 

Sec. 295. The judgment of the Committee thus re¬ 
ported is final and conclusive. 


CHAPTEK III. 

EXECUTIVE OFFICERS. 

ARTICLE II. 

The Mode of Election or Appointment and term of Office of 
Civil Executive Officers. 

Election of Governor and other officers. 

State Printer. 

Election of Governor and other Officers. 

Sec. 348. The mode of election of the Governor, Lieu¬ 
tenant-Governor, Secretary of State, Controller, Treasurer, 
Attorney-General, Surveyor-General and Superintendent of 
Public Instruction, is prescribed by the Constitution. 

State Printer. 

Sec. 349. * * * * * 

Sec. 14.* The office of State Printer is hereby abol¬ 
ished. * * 

*Of An Act to establish a State Printing Office, and to create the office .of 
Superintendent of State Printing. (Approved March 26, 1872, page 554.) 



88 


EXTRACTS FROM 


Appointment of Qualifications of Superintendent of State 
Printing. 

Sec. 530, as amended April 3, 1876, page 18. The Super¬ 
intendent of State Printing shall be appointed and commis¬ 
sioned by the Governor of the State, and shall hold office 
during the pleasure of the Governor. 

JUDICIAL OFFICERS. 

Sec. 726. The number, designation and mode of elec¬ 
tion of judicial officers are fixed in Title I, Part I of the 
Code of Civil Procedure, Secs. 33 to 121. (See pages 88, 
89 post.) 

Justices of Supreme Court. 

District Judges. 

County Judges. 

The Probate Judge of the city and county of San Francisco. 

The Judge of the Municipal Criminal Court of the city and county 
of San Francisco. 

The Judge of the City Criminal Court of the city and county of 
San Francisco. 

Justices of the Peace. 

Police Judges. 

Justices of the Supreme Court. 

Sec. 40. The Supreme Court consists of a Chief Justice 
and four Associate Justices, elected at the judicial elections,, 
and holding their offices for the term of ten years from the 
first day of January next after their election. 

District Court in each District. 

Sec. 55. There must be a district court held in each of 
the judicial districts. 

District Judges , Election and Terms of. 

Sec. 56. The judge thereof is elected by the electors of 
the district, at the judicial elections, and holds his office for 
the term of six years from the first day of January next suc¬ 
ceeding his election. 

County Judges , Election and Terms of. 

Sec. 83. The County Judge is elected by the electors of 
the county, at the judicial elections, and holds his office for 
the term of four years from the first day of January next suc¬ 
ceeding his election. 

Judges of Probate Court. 

Sec. 95. The County Judge of each county, except in 


POLITICAL CODE AND LAWS OF CALIFORNIA. 89 

the city and county of San Francisco, is the Judge of the 
Probate Court. 

Probate Judge of San Francisco. 

Sec. 96. In the city and county of San Francisco the 
Probate Court is held by a Probate Judge elected by the 
electors thereof, at the judicial election, and who holds his 
office for the term of four years from the first day of Jan¬ 
uary next succeeding his election. 

Municipal Criminal Court—This Court Continued. 

Sec. 104. The Court known as the “ Municipal Criminal 
Court of San Francisco,” is hereby continued, with the juris¬ 
diction conferred by this chapter. 

Judge of Municipal Criminal Court , Election and Term. 

Sec. 105. The Judge thereof is elected by the electors of 
the city and county of San Francisco, and holds his office 
for the term of four years from the first day of January next 
succeeding his election. 

Judge of the City Criminal Court of the City and County of 
San Prancisco. 

Sec. 3.* A judge of the City Criminal Court shall be 
elected at the judicial election to be held in eighteen hun¬ 
dred and seventy-seven, and every four years thereafter, 
whose term of office shall be four years. * 

*Of “An Act to create a City Criminal Court, in and for the city and coun¬ 
ty of San Francisco, to define its power and jurisdiction.” (Approved April 
3, 1876, page 829.) 

i 

Justices of the Peace—Election and Term. 

Sec. 113. Justices of the Peace are elected by the elec¬ 
tors of their respective townships or cities, at the judicial 
elections, and hold their offices for two years from the first 
day of January next following their election. 

Note. See Act of March 30, 1872, page 758, as to Justice’s Court, city and 
county of San Francisco. 

Police Judges. 

Sec. 121. Police Courts are established in incorporated 
cities and towns, and their organization, jurisdiction and 
powers provided for in the Political Code, Part IY. (See 
ante 4424.) 


90 


EXTRACTS FROM 


CHAPTER VI. 

ARTICLE I. 

MINISTERIAL AND OTHER OFFICERS CONNECTED WITH THE 
COURTS. 

Election of Clerk of Supreme Court. 

Sec. 749. The Clerk of the Supreme Court is elected at 
the same time the Governor is elected, and holds his office 
for the term of four years from and after the first Monday in 
December next succeeding his election. 


CHAPTER VII. 

GENERAL PROVISIONS RELATING TO DIFFERENT CLASSES OF 
OFFICERS. 

Akticle I. Qualification for Civil Office. 

IV. Appointment and Duration of Terms. 

X. Resignations, Vacancies, and the Mode of supplying them. 

ARTICLE I. 

Qualifications for Civil Office. 

Age and Citizenship. 

Women Eligible to Educational Offices. 

Other Qualifications. 

Age and Citizenship. 

Sec. 841. No person is capable of holding a civil office 
who, at the time of his election or appointment, is not of the 
age of twenty-one years and a citizen of this State. 

Women Eligible. 

Sec. 1*. Women, over the age of twenty-one years, who 
are citizens of the United States and of this State, shall be 
eligible to all educational offices within the State, except 
those from which they are excluded by the Constitution. 

*An Act to make women eligible ,to educational offices. (Approved March 
12, 1874, page 356.) 

Other Qualifications. 

Sec. 842. Provisions respecting disqualification for par¬ 
ticular offices are contained in the Constitution and in the 
provisions of the Codes concerning the various offices. 

Appointment and Duration of Terms Holding Over. 

Sec. 879. Every officer must continue to discharge the 
duties of his office, although his term has expired, until his 
successor has qualified. 




POLITICAL CODE AND LAWS OF CALIFORNIA. 


91 


ARTICLE X. 

Resignations, Vacancies and the Mode of Supplying Them. 

Vacancy in Legislature and how filled. 

Vacancies, how filled when not otherwise provided for. 

Vacancies occurring during session of Legislature. 

Vacancies in certain State offices, how filled. 

Vacancy in office of Harbor Commissioner or Superintendent of 
Public Instruction. 

Vacancy in Legislature, how Filled. 

Sec. 998. Whenever a vacancy occurs in either House of 
the Legislature the Governor must at once issue a writ of 
election to fill such vacancy. 

Vacancies, hoiv Filled when not Otherwise Provided for. 

Sec. 999. When any office becomes vacant, and no mode 
is provided by law for filling such vacancy, the Governor 
must fill such vacancy by granting a commission, to expire 
at the end of the next session of the Legislature or at the 
next election by the people. 

Vacancies Occurring during Sessiom of Legislature. 

Sec. 1000. Vacancies occurring in office during the re¬ 
cess of the Legislature, the appointment to which is vested 
in the Governor and Senate, or in the Legislature, must be 
filled by appointment made by the Governor; but the person 
so appointed can only hold the office until the adjournment 
of the next session of the Legislature. 

Vacancies in Certain State Offices , hoio Filled. 

Sec. 1001, as amended April 1, 1876, page 23. A vacancy 
in the office of either the Secretary of State, Controller, 
Treasurer, Attorney-General, Surveyor-General, or Clerk of 
the Supreme Court, must be filled by a person appointed 
by the Governor, who shall hold his office for the balance 
of the unexpired term. 

Vacancy in Office of Harbor Commissioner or Superintendent 
of Public Instruction. 

Sec. 1002. A vacancy in the office of either the Super¬ 
intendent of Public Instruction or State Harbor Commis¬ 
sioner must be filled by a person appointed by the Governor. 

PART III, TITLE II. 

OF ELECTIONS. 

Chapter I. General Provisions Relating to Elections. Secs. 

1041-1073. 



92 


EXTRACTS FROM 


Chapt. II. 


III. 

IV. 

y. 

VI. 

VII. 

VIII. 

IX. 

X. 

XI. 


XII. 

XIII. 

XIV. 


Qualifications and Disabilities of Electors. Secs. 
1083-1084. 

Registration of Electors. Secs. 1094^1117. 
Election Precincts. Secs. 1127-1132. 

Boards of Election. Secs. 1142-1150. 

Opening and Closing the Polls. Secs. 1160-1164. 
Poll Lists. Secs. 1174-1175. 

Election Tickets and Ballots. Secs. 1185-1212. 
Voting and Challenges. Secs. 1224-1243. 
Canvassing and Returning the Votes. Secs. 1252- 
1268. 

Canvassing of Returns—Declaration of Result— 
Commissions and Certificates of Election. Secs. 
1278-1297. 

Elections for Electors of President and Vice-Presi¬ 
dent. Secs. 1307-1322. 

Elections for Members of Congress. Secs. 1332-1333. 
Primary Elections. Secs. 1367-1365. 


CHAPTER I. 

General Provisions Relating to Elections. 

Abticle I. Time of Holding Elections. 

II. Election Proclamations. 

III. Miscellaneous Provisions. 


ARTICLE I. 

Time of Holding Elections. 

Section 1041. General election, when to be held 

1042. Judicial election, when to be held. 

1043. Special elections, when to be held. 

General Election, when to he Held. 

Sec. 1041. There must be held throughout the State, on 
the first Wednesday in September, in the year eighteen 
hundred and seventy-three, and in every second year there¬ 
after, and also on the Tuesday next after the first Monday of 
November, in each bissextile or leap year, an election to be 
known as the General Election. 

Note. —For Election of Representatives in Congress see R. S. U. S. 25, 
page 12, ante. 

Judicial Election, when to be Held. 

Sec. 1042. There must be held throughout the State, on 




POLITICAL CODE AND LAWS OF CALIFORNIA. 


93 


the third Wednesday in October, in the year eighteen hun¬ 
dred and seventy-three, and in every second year thereafter, 
an election to be known as the Judicial Election. 

Note. —For Election of Superintendent of Public Instruction see Const. 
Cal., Art. 9, § 1, page 64, Ante. 

Special Elections, when to be Held. 

Sec. 1043. Special elections are such as are held to 
supply vacancies in any office, and are held at such times as 
may be designated by the proper Board or officer. 

Note.— Special elections and Proclamations by the Governor. 

Kenfield 1 

vs. V No. 5572. Supreme Court of Cal. 

Iawin, Governor of the State. ) 

1. A general election is an election held to select an incumbent after the ex¬ 
piration of the full term of the former incumbent. 

2. A special election is an election held to supply a vacancy in office occur¬ 
ring before the expiration of the full term for which the incumbent was elected. 

3. It is essential to the validity of any popular election—whether general or 
special—that the time at which the same is to be holden should be authori¬ 
tatively designated in advance, and unless such designation has been made, 
the election is void. 

4. In general elections the time is designated by the provisions of the statute 
itself; in special elections the time must be designated by the proclamation or 
order of the proper board or officer. 

5. A special election for the office of Controller of State held without the 
Executive proclamation made in advance of the election designating the time 
at which such election is to be holden, is void. 


ARTICLE II. 

Election Proclamations. 

Section 1053. Election proclamations by the Governor. 

1054. Governor’s proclamation, what to contain. 

1055. Supervisors must publish proclamation, etc. 

1056. Election proclamation by Supervisors. 

Election Proclamations by the Governor. 

Sec. 1053. At least thirty days before each general or 
judicial election, and whenever he orders a special election, 
the Governor must issue an election proclamation, under his 
hand and the great seal of the State, and transmit copies 
thereof to the Board of Supervisors of the counties in which 
such elections are to be held. 

Governor's Proclamation , what to Contain. 

Sec. 1054. Such proclamation must contain: 

1. A statement of the time of election and of the offices 
to be filled. 

2. An offer of rewards in the following form: “And I 
do hereby offer a reward of one hundred dollars for the 
arrest and conviction of any and every person violating any 



94 


EXTRACTS FROM 


of the provisions of Title IV, Part I, of the Penal Code; 
such rewards to be paid until the total amount hereafter 
expended for the purpose reaches the sum of ten thousand 
dollars.” (See Sec. 41, Penal Code. 

Supervisors must Publish Proclamation, etc. 

Sec. 1055, as amended March 15, 1876. The Board of 
Supervisors, upon receipt of such proclamation, may, in 
their discretion, cause a copy of the same to be published 
in some newspaper printed in the county (if any), and to 
be posted at each place of election, at least ten days 1 before 
the election, or may cause written or printed notices of the 
election to be posted at each election precinct, at least ten 
days before the election. 

Election Proclamations by Supervisors. 

Sec. 1056. Whenever a special election is ordered by 
the Board of Supervisors, they must issue an election pro¬ 
clamation, containing the statement provided for in Subdi¬ 
vision one of Section one thousand and fifty-four, and must 
publish and post it in the same manner as proclamations 
issued by the Governor. 


ARTICLE in. 


Miscellaneous Provisions. 


Section 1066. 

1067. 

1068. 

1069. 

1070. 

1071. 

1072. 

1073. 


Plurality to elect. 

Proceedings on a tie vote other than for Governor or Lieu¬ 
tenant-Governor. 

Same, on tie vote for Governor or Lieutenant-Governor. 
Electors privileged from arrest, when. 

Electors exempt from militia duty, when. 

No fees for certificate of registration. 

Compensation of officers of election. 

Supervisors to have blanks prepared. 


Plurality to Elect. 

Sec. 1066. The person receiving, at any election, the 
highest number of votes for any office to be filled at such 
election is elected thereto. 


Proceedings on a Tie Vote other than for Governor or Lieuten¬ 
ant-Governor. 

Sec. 1067. If, at any election except that for Governor 
or Lieutenant-Governor, two or more persons receive an 
equal and the highest number of votes, there is no choice, 
and a special election to fill such office must be ordered by 
the proper Board or officer. 



POLITICAL CODE AND LAWS OF CALIFORNIA. 


95 


Same, on Tie Vote for Governor or Lieutenant-Governor. 

Sec. 1068. In case any two or more persons have an 
equal and the highest number of votes for either Governor 
or Lieutenant-Governor, the Legislature must, by joint vote 
of both houses, choose one of the persons to fill such office. 

State Const., Secs. 4 and 16, Art. V. 

Electors Privileged from Arrest , when. 

Sec. 1069. Electors are privileged from arrest, except for 
indictable offense, during their attendance on the election, 
and in going to and returning from the same. 

Note. What are indictable offenses? 

Under Sec. 682, Penal Code, certain crimes must be prosecuted by indict¬ 
ment. 

Query. What other offenses may be so prosecuted? 

1st. The County Court has original jurisdiction (6) to inquire by the inter¬ 
vention of a Grand Jury of all public offenses committed or triable within 
the county. Sec. 85, Code C. P. 

2d. The Grand Jury must inquire into all public offenses committed or 
triable within the county. Sec. 915, Penal Code. 

3d. The Grand Jury may inquire into all offenses committed within the 
county, not barred by the Statute of Limitations. People v. Beatty, 14 Cal., 
p. 566. 

Per Contra. See Political Code, § 4426-4427. 

See State Cons., Art II, $ 2, page 57, Ante. 

Elector Exempt from Militia Duty , ivhen. 

Sec. 1070. No elector is obliged to perform militia duty 
on the day of election, except in time of war or public 
danger. 

No Fees far Certificate of Registration. 

Sec. 1071. No fees must be charged for registration or 
certificates thereof. 

Compensation of Officers of Election. 

Sec. 1072. The compensation of members of Boards of 
Election and Clerks must be fixed and audited by the Board 
of Supervisors and paid out of the County Treasury. 

Supervisors to have Blanks Prepared. 

Sec. 1073. The necessary printed blanks for poll lists, 
tally lists, list of voters, oath, and returns, together with 
envelopes in which to inclose returns, must be furnished by 
the Board of Supervisors to the officers of each election 
precinct at the expense of the county. 


96 


EXTRACTS FROM 


CHAPTER II. 

Qualifications and Disabilities of Electors. 

Section 1083. Qualifications of a voter. 

1084. Certain citizens not entitled to vote. 

Qualifications of a Voter. 

Sec. 1083.* Every male citizen of tlie United States, who 
shall have been a resident of the State six months next pre¬ 
ceding the election, and of the precinct in which he claims 
his vote, thirty days, and whose name is enrolled on the 
Great Register of such county, is a qualified elector thereof. 

Certain Citizens not Entitled to Vote. 

Sec. 1084.* No idiot or insane person, or person convicted 
of any infamous crime, is entitled to the privilege of an 
elector. 

* Those Sections which may relate to Primary Elections, are printed 
with a marginal line. 


Section 1094. 

1095. 

1096. 

1097. 

1098. 

1099. 

1100. 

1101 . 

1102. 

1103. 

1104. 


• 1105. 
1106. 

1107. 

1108. 

1109. 

1110 . 
1111 . 
1112 . 

1113. 

1114. 


CHAPTER III. 

Registration of Electors. 

Great Register to be kept. 

Names of electors to be entered. 

Substance of entry. 

Rules governing entry. 

Assessors roll of electors. 

What enrollment must show. 

Duty of Clerk or Assessor relative to certain proofs produced 
before him. 

Assessor must make monthly returns of his enrollment. 

Duty of Clerk upon receipt of the return. 

Affidavits must be filed in Clerk’s office. 

Persons not to be registered in different counties at the same 
time. 

Cancellation of entry. 

When entry may be canceled. 

Clerk must give certificate of registration. 

Persons refused registration may proceed by action. 

Any person may proceed by action to have registration can¬ 
celed. 

Parties to such actions. 

Same. 

Costs not to be recovered against the Clerk, except in certain 
cases. 

Clerk to make copy of Great Register ; also, Ward and Town¬ 
ship Registers. 

Names must be arranged alphabetically and numbered. 




POLITICAL CODE AND LAWS OF CALIFORNIA. 


97 


Section 1115. Great Register and Ward Registers must be printed. 

1116. Printed copies, how distributed. 

1117. Copy of entry prima facie evidence that the party is an elector. 
AN ACT to compel the County Clerk of the city and county of San Fran¬ 
cisco to keep open his office upon all election days. 

Great Register to be kept. 

Sec. 1094. Tliere must be kept in the office of the Coun¬ 
ty Clerk of each county, a Great Begister. 

Names of Electors to be Entered. 

Sec. 1095. In the Great Begister the Clerk must, as 
hereinafter provided, enter the names of the qualified elect¬ 
ors of the county whose names are not already thereon. 

Substance of Entry. 

Sec. 1096. Such entry must show : 

1. The name at length; 

2. The age, omitting fractions of years; 

3. The country of the nativity; 

. 4. The place of residence (giving the ward or precinct); 

5. If naturalized, the time and place of naturalization; and 

6. The date of the entry; 

—Of each person. Each name must be numbered in the 
order of its entry. 

Rules Governing Entry. 

Sec. 1097 as amended March 30, 1874, p. 15. No person’s 
name must be entered by the Clerk, unless: 

1. Upon a certificate of registration in another county, 
showing that such registration has been canceled, and upon 
proof, by the affidavit of the party, that he is an elector of 
the county in which he seeks to be registered. 

2. Upon the returns of the Assessor of the county; 

3. If a naturalized citizen upon the production of his 
certificate of naturalization, or upon his own affidavit that 
it is lost, or out of his possession, which affidavit must state 
the place of his nativity, and the time and place of his nat¬ 
uralization, together with his affidavit that he has resided in 
the United States for five years, and in this State for six 
months next preceding the time of application, and that he 
is an elector of the county; 

4. If born in a foreign country, upon his affidavit that 
he became a citizen of the United States by virtue of the 
naturalization of his father, whilst he was residing in the 
United States, and under the age of twenty-one years, and 
that he is an elector of the county; 

7* 


98 


EXTRACTS FROM 


5. Upon the production and filing of a certified copy of 
the judgment of a District Court directing such entry to 
be made. 

6. In other cases, upon the affidavit of the party that he 
is an elector of the county; 

7. In every case, the affidavit of the party must show all 
the facts required to be stated in the entry on the register, 
except the date and number of the ehtry. 

Assessor s Roll of E lectors. 

Sec. 1098. The Assessor of each county must keep a roll 
of electors, on which, and upon like proof as is required for 
entry upon the Great Register, he must enroll the name of 
any elector of the county making application to him for that 
purpose. 

What Enrollment Must Show. 

Sec. 1099. Such enrollments must show the same facts as 
are required to be shown by the entry upon the Great Reg¬ 
ister. 

Duty of Clerk or Assessor Relative to Certain Proofs Produced . 
Before Him. 

Sec. 1100. The Clerk or Assessor must, upon every cer¬ 
tificate of naturalization presented to him as evidence of cit¬ 
izenship, indorse and subscribe a statement of the time of 
presentation and of his action thereon. 

Assessor Must Make Monthly Returns of His Enrollment. 

Sec. 1101. At the end of every month the Assessor must 
return to the County Clerk a certified copy of all entries 
made upon his roll of electors during such month, and all 
affidavits made for the purpose of procuring such enroll¬ 
ment. 

Duty of Clerk upon the Receipt of the Return. 

Sec. 1102. Upon the receipt of such return, the Clerk 
must at once enter upon the Great Register the names con¬ 
tained and the statements made in such return. 

Affidavits Must he Filed in Clerk's Office. 

Sec. 1103. The Clerk must file and preserve all affidavits 
returned to him by the Assessor or used before him for the 
purpose of obtaining registration. 

Persons not to be Registered in Different Counties at the 
Same Time. 

Sec. 1104. No person must cause himself to be registered 


POLITICAL CODE AND LAWS OF CALIFORNIA. 99 

or enrolled in one county when his registration in another 
remains uncanceled. 

Cancellation of Entry. 

Sec. 1105. There must be left opposite each name in the 
Great Register a blank for cancellation. Cancellation is 
made by writing in such blank the word £< Canceled,” and a 
statement of the reasons therefor. 

When Clerk Must Cancel Entry. 

Sec. 1106 as amended March 30, 1874, page 16. The Clerk 

must cancel the entry in the following cases : 

# 

1. At the request of the party registered; 

2. When he knows of the death or of the removal of the 
person registered; 

3. When the insanity of the person registered is legally 
established; 

4. Upon the production of a certified copy of a judgment 
of felony, in full force against the person registered, or upon 
information of such conviction, obtained as hereinafter pro¬ 
vided; 

5. Upon the production of a certified copy of a judgment 
directing the cancellation to be made; 

6. Upon the certificate of the Board of Election of any 
precinct sent up with the election returns, stating the death 
or removal, within their own knowledge, of person regis¬ 
tered ; 

7. When it appears, by the returns made by the Board 
and Clerks of Election, that the respective party did not 
vote during the next preceding three years at any general or 
judicial election; 

8. The Clerk shall cancel upon the Great Register every 
name found thereon which is also found upon the Register 
of Deaths, provided for in section three thousand and sev¬ 
enty-nine of this Code; 

9. Every Judge before whom proceedings are had, which 
result in any male person being declared incapable of taking 
care of himself and managing his property, and for whom a 
guardian of his person and estate is accordingly appointed, 
or which result in such person being committed to a State 
Insane Asylum, as an insane person, shall file with the 
County Clerk a certificate of that fact, and thereupon the 
Clerk shall cancel the name of such person upon the Great 
Register, if found thereon; 

10. The County Clerk shall, also, in the first week of July 
in each year, examine the records of the Courts having juris- 


100 


EXTRACTS FROM 


diction in cases of felony, within his county, and cancel up¬ 
on the Great Register the names of all persons appearing 
thereon who shall have been convicted of felony in any of 
such Courts, and which conviction shall have been carried 
into effected. 

Clerk Must Give Certificate of Registration. 

Sec. 1107. Upon the application of the party in person 
or in writing, the Clerk must give him or his agent a certi¬ 
fied copy of the entries upon the Great Register relating to 
such party. 

Persons Refused Registration May Proceed by Action. 

Sec. 1108. If the Clerk refuses to enter the name of any 
qualified elector of the county upon the Great Register, such 
elector may proceed by action in the District Court to com¬ 
pel such entry. 

Any Person May Proceed by Action to have Registration 
Canceled. 

Sec. 1109 as amended March 30, 1874, page 17. Any person 
may proceed, by action in the District Court, to compel the 
Clerk to cancel any entry made on the Great Register ille¬ 
gally, or that ought to be canceled by reason of facts that 
have occurred subsequent to the time of such entry, but if 
the person whose name is sought to be canceled be not a 
party to the action, the Court may order him to be made a 
party defendant. 

Parties to Such Actions. 

Sec. 1110. In an action under authority of Section one 
thousand one hundred and eight, as many persons may join 
as plaintiffs as have causes of action. 

Same. 

Sec. 1111. In an action under the authority of Section 
one thousand one hundred and nine, the Clerk and as many 
persons as there are causes of action against may be joined 
as defendants. 

Costs Not to be Recovered Against the Clerk, except in Cer¬ 
tain Cases. 

Sec. 1112. Costs cannot be recovered against the Clerk 
in any action under the authority of this Chapter, unless it 
is alleged in the complaint, and established on the trial, that 
the Clerk knowingly and willfully violated a plain duty. 


POLITICAL CODE AND LAWS OF CALIFORNIA. 101 

Clerk to Make Copy of Great Register and, Ward and Town¬ 
ship Registers. 

Sec. 1113, as amended March 30,1874, page 17 . Before the 
fifth day of August, in each year in which there shall be a 
general or Presidential election, each County Clerk must 
make out a copy of the uncanceled entries existing on the 
Great Register on the preceding first day of August. 

In lieu of such copy, for the city and county of San Fran¬ 
cisco, the County Clerk must, from the poll lists of the gen¬ 
eral and judicial elections, held in September and October, 
eighteen hundred and seventy-three, and from similar poll 
lists of the general and judicial elections held in every 
second year thereafter, make out Ward Registers, one for 
each ward in said city and county, and upon each such Ward 
Register he must enter the names of the qualified electors 
of the ward appearing on the last general and judicial poll 
lists of the ward, alphabetically arranged, together with the 
entries respectively appearing on the Great Register oppo¬ 
site such names. 

He shall not enter the name of the same person on more 
than one Ward Register. 

He must, however, enter upon the proper Ward Register, 
the name of any person, who, being duly sworn, shall make 
satisfactory proof that he is an elector of such Ward, and 
that his name is uncanceled on the Great Register of said 
city and county. 

He must, upon satisfactory proof, obtained in like man¬ 
ner, transfer any name from one Ward Register to another, 
at the same time canceling the name on the Ward Register 
from which the transfer is made, noting such transfer on 
each such Ward Register, opposite the name. 

For the purposes of registration and preparation of Ward 
Registers, and copies thereof, required by law, the County 
Clerk must employ such assistants, and for such times and 
at such compensation as shall from time to time be author¬ 
ized by the Board of Supervisors. 

All fees received for registration and transfers must be 
paid into the treasury of the city and county, and out of 
such treasury must be paid the compensation of such assist¬ 
ants, and all necessary expenses of registration, preparation 
of registers, and of transfers, upon the proper orders of the 
Board of Supervisors. 

The Board of Supervisors of any comity may, by order, 
provide for the preparation, printing, and distribution of 
township Registers for each township, instead of copies of 
the Great Register, in the same manner as is herein above 


102 


EXTRACTS FROM 


provided respecting Ward Registers in the city and county 
of San Francisco. 

When so ordered, the provisions of law applicable to the 
city and county of San Francisco, in respect to the prepara¬ 
tion, correction, issue, distribution, posting, use, and re¬ 
turn of Ward Registers, shall apply to such county, the 
word “township” being substituted for “Ward” for that 
purpose, wherever it occurs; except, that the number of ad¬ 
ditional copies to be printed of such registers shall not ex¬ 
ceed fifty for each one thousand votes cast in the respective 
townships at the next preceding election. 

The Board of Supervisors shall fix the compensation of 
the County Clerk for his services in preparing the township 
registers, which shall be paid out of the County Treasury. 

Such order may be repealed and re-enacted as often as 
the Board of Supervisors may deem it expedient to do so. 

Names must be Arranged Alphabetically and Numbered. 

Sec. 1114, as amended March 30, 1874, page 19. In such 
copy and registers the names must be arranged alphabeti¬ 
cally, according to surnames, and must be numbered con¬ 
secutively, from the first to the last name, inclusive. 

Great Register and Ward and Townships' Registers must be 
Printed. 

Sec. 1115, as amended March 24, 1876. Within fifteen 
days after making such list, the Clerk must have printed a 
sufficient number of copies thereof to supply each election 
precinct in the county with not less than ten copies thereof, 
and fifty additional for every one thousand votes cast in the 
county at the next preceding general election, except that in 
the city and county of San Francisco, the County Clerk 
must have printed a sufficient number of copies of each 
Ward Register, to supply two hundred and fifty copies thereof 
for the first one thousand votes, or fraction thereof, cast in 
the ward at the next preceding general election, and fifty ad¬ 
ditional copies for each additional one thousand votes, or 
fraction thereof above five hundred; but in all the counties 
of this State, other than those of the first class, as classified 
by this Code, the Clerk of each of such counties, if the 
Board of Supervisors, in their discretion, so order, must, if 
there is a sufficient number of the register last printed on 
hand, to provide not Jess than four copies for each precinct 
in such county, cancel the names of all persons thereon re¬ 
quired to be canceled, and furnish the same to each pre¬ 
cinct, together with the same number of copies of a supple- 


POLITICAL CODE AND LAWS OF CALIFORNIA. 


103 


ment, containing the uncancelled entries made upon the 
Great Register subsequent to the last publication thereof. 

Printed Copies , how Distributed. 

Sec. 1116, as amended March 24, 1876. The Clerk must, 
as soon as such copies of the Great Register, or ward, or 
township registers are printed: 

First—Post one copy in some public place in the Court¬ 
room. 

Second—Deliver, upon demand, one copy to each count}^ 
and township officer in the county. 

Third—Transmit and cause to be delivered not less than 
ten copies to each Board of Election in the county; but in 
cases where ward registers are printed, ten copies shall be 
delivered to each Board of Election in the respective wards, 
and one copy of all the registers to each Board of Election 
in the county. 

Fourth—Preserve five copies in the office for the inspec¬ 
tion of the public. 

Fifth—Transmit to the State Library, Mercantile Library, 
Mechanics’ Institute and Odd Fellows’ Library, of San 
Francisco, one copy each. 

Sixth—Deliver one copy to each elector of the county, or 
respective ward, applying therefor, until the remainder of 
the edition printed is exhausted; provided , that nothing in 
this section, except the first, third and fourth subdivisions 
thereof, shall apply to counties other than of the first class. 

Copy of Entry prima facie Evidence that the Party is an 
Elector. 

Sec. 1117, as amended March 30, 1874, page 20. A certi¬ 
fied copy of an uncanceled entry upon the Great Register, 
is prima facie evidence that the person named in the entry, 
is an elector of the county. 

County Clerk of San Francisco to keep his Office open on 
Election Days. 

Sec. 1* The County Clerk of the city and county of San 
Francisco shall keep his office open continuously, upon all 
election days, from sunrise until six o’clock and thirty min¬ 
utes of the evening of the same day, for the sole and only 
purpose of registering voters, and giving voters certificates 
of registration and transfers to the ward they live in. 

Of *“An Act to compel the County Clerk of the City and County of San 
Francisco to keep open his office upon all election days. ” (Approved March 
7, 1876, page 142.) 


104 


EXTRACTS FROM 


CHAPTER IV. 


Election Precincts. 


Section 1127. 

1128. 

1129. 

1130. 

1131. 

1132. 


Supervisors to establish election precincts. 

Boundaries must be defined. 

Board may alter, etc., precincts. 

Limitations on powers given herein. 

Board to designate place in precinct for holding election and 
offices to be filled. 

If Board fail to designate, Justice of the Peace may designate. 


Supervisors to Establish Election Precincts. 

Sec. 1127. Tlie Board of Supervisors of each county 
must establish a convenient number of election precincts 
therein. 


Boundaries must be Defined. 

Sec, 1128. In the order establishing precincts, the boun¬ 
daries thereof must be defined. 

Board may Alter , etc., Precincts. 

Sec. 1129. The Board may from time to time change 
the boundaries of, create new, or consolidate established 
precincts. 

Limitations on Powers given Herein. 

Sec. 1130. The following limitations are imposed upon 
the powers given the Supervisors in this Chapter: 

1. No precinct must be so established as to embrace more 
than one township; nor parts of two or more townships, nor 
in such manner that its exterior limits cross the exterior 
boundaries of any township, incorporated town, or city, or 
any ward, district, or other territorial subdivision for which 
local officers are to be elected, except a school or road dis¬ 
trict; 

2. No precinct must be established, nor must the bounda¬ 
ries of one already established, be altered within thirty 
days next preceding a general or judicial election. 

Board to Designate Place in Precinct for Holding Elections , 
and Offices to be Filled. 

Sec. 1131, as amended March 30, 1874, page 21. The 
Board must, at least fifteen days prior to an election, issue 
its order appointing Boards of Election, designating the 
house or place within the precinct where the election must 
be held, and the offices to be filled, naming and numbering, 


POLITICAL CODE AND LAWS OF CALIFORNIA. 


105 


in numerical order, commencing with number one, the offices 
to be filled, unexpired terms being lastly designated. 

If Board fail to Designate , Justice of the Peace may Desig¬ 
nate. 

Sec. 1132, as amended March 30, 1874, page 21. If the 
Board fail to designate the house or place for holding the 
election, or if it cannot be held at the house or place desig¬ 
nated, the Justices of the Peace residing in the precinct 
must meet two days before the election, and by an order, 
under their hand (copies of which they must at once post in 
three public places in the precinct), designate the house or 
place. In the city and county of San Francisco, any three 
of the Justices of the Peace may discharge the duties im¬ 
posed by this section, at least eighteen hours prior to the 
opening of the polls. 


CHAPTER V. 


Boards of Election. 


Section 1142. 

1143. 

1144. 

1145. 

1146. 

1147. 

1148. 

1149. 

1150. 


Boards of Election, how appointed. 

Judges not to be of same political party. 

If Board of Supervisors fail to appoint, etc., electors may 
appoint. 

Organization of Boards and general powers of Inspectors. 
Judges and Clerks may administer oaths. 

Clerks. 

Board of Clerks to be swojrn. 

Board to post copies of Great Register and Ward Register. 
Copies not to be torn nor defaced. 


Boards of Election , how Appointed. 


Sec. 1142, as amended March 30, 1874, page 21. When an 
election is ordered, the Board of Supervisors must appoint, 
for each precinct, from the electors thereof, one Inspector 
and two Judges, who constitute a Board of Election for such 
precinct; and in the city and county of San Francisco the 
Board of Supervisors must also, prior to the election day, 
appoint for each precinct, from the electors thereof, an ad¬ 
ditional Inspector and two additional Judges, who, with the 
original Inspector and Judges, shall canvass the votes for 
such precinct, and who must be present at the closing of the 
polls, otherwise the Board of Election must appoint the ad¬ 
ditional Inspector and Judges, or supply the place of an 
absent member thereof. 



106 


EXTRACTS FROM 


The original and additional Inspectors and Judges shall 
thenceforth constitute the Board of Election, the members 
relieving each other in the duties of canvassing the ballots, 
which may be conducted by at least half of the whole num¬ 
ber; but the final certificates shall be signed by a majority 
of the whole. 

Judges not to be of same Political Party. 

Sec. 1143. The Judges appointed must not be members 
of the same political party. 

If Board of Supervisors fail to appoint, etc., Electors may 
Appoint . 

Sec. 1144,* as amended March 30, 1874, page 22. If the 
Board of Supervisors fail to appoint the Board of Election, 
or the members appointed do not attend at the opening of 
the polls on the morning of the election, the electors of the 
precinct present at that hour may appoint the Board, or 
supply the place of an absent member thereof. 

Organization of Boards and General Powers of Inspectors. 

Sec. 1145.* The Inspector is Chairman of the Election 
Board, and may: 

1. Administer all oaths required in the progress of an 
election. 

2. Appoint Judges and Clerks, if during the progress of 
the election any Judge or Clerk ceases to act. 

Judges and Clerks may Administer Oaths. 

Sec. 1146.* Any member of the Board, or either Clerk 
thereof, may administer and certify oaths required to be 
administered during the progress of an election. 

Clerks. 

Sec. 1147.* The Board of Election for each precinct 
must, before opening the polls, appoint two persons to act 
as Clerks of Election. 

Board and Clerks to be Sworn. 

Sec. 1148.* Before opening the polls, each member of 
Board, and each Clerk, must take and subscribe an oath to 
faithfully perform the duties imposed upon them by law. 
Any elector of the township may administer and certify 
such oath. 

* Those Sections which may relate to Primary Electfons, are marked with a 
marginal line. 





POLITICAL CODE AND LAWS OF CALIFORNIA. 


107 


Board to post copies of Great Register and Ward Register. 

Sec. 1149, as amended March 30, 1874, page 22. Before 
opening the polls the Board must post, in some separate 
convenient places, easy of access, not less than four printed 
copies of the Great Register of the county, as last printed, 
except in the city and county of San Francisco, wherein not 
less than four printed copies of the Register of the Ward 
shall be so posted. 

Copies not to he Torn or Defaced. 

Sec. 1150. The copies so posted must be maintained 
during the whole time of voting, and must not in any manner 
be torn or defaced. 


CHAPTER VI. 

Opening and Closing the Polls. 

Section 1160. Time of opening and closing the polls. 

1161. Recess. 

1162. Ballot box to be exhibited. 

1163. Proclamation at opening the polls. 

1164. Proclamation at closing the polls. 

1 ime of opening and Closing PoUs. 

Sec. 1160, as amended March 8, 1876. The polls must be 
opened at one hour after sunrise on the morning of the elec¬ 
tion, and must be kept open until sunset, when the same 
must be closed, except in the City and County of San Fran¬ 
cisco, wherein the polls must be opened at sunrise, and be 
kept open continuously until six o’clock and thirty minutes 
of the evening of the same day, when the same shall be 
closed. 

Sec. 1161, repealed March 30, 1874, page 23. 

Ballot Box to he Exhibited. 

Sec. 1162.* Before receiving any ballots, the Board must, 
in the presence of any persons assembled at the polling- 
place, open and exhibit and close the ballot-box; and there¬ 
after it must not be removed from the polling-place or 
presence of the bystanders until all the ballots are counted, 
nor must it be opened until after the polls are finally closed. 

"Those Sections which may relate to Primary Elections, are marked with a 
marginal line. 





108 


EXTRACTS FROM 


Proclamation at Opening the Polls. 

Sec. 1163.* Before the Board receive any ballots, they 
must cause it to be proclaimed aloud at the place of election 
that the polls are open. 

Proclamation at Closing the Polls. 

Sec. 1164.* When the polls are closed that fact must be 
proclaimed aloud at the place of election; and after such 
proclamation no ballots must be received. 


CHAPTER VII. 

Poll Lists. 

Section 1174. Form of poll lists. 

1175. Want of form not to vitiate. 

Lorm o/ Poll List. 

Sec. 1174,* as amended March 30, 1874, p. 23. The follow¬ 
ing is the form of poll lists and tally lists to be kept by 
Boards and Clerks of Election: 

Poll Lists. 

Of the election held in the Precinct of-, in the County 

of-, on the-day of-, in the year A. D. one thou¬ 
sand eight hundred and -. A. B., C. D., and E. F., 

Judges, and G. H. and J. K., Clerks of said election, were 
respectively sworn (or affirmed), as the law directs, previous 
to their entering on the duties of their respective offices. 

Number and Name of Elector's Voting. 

No. Name. No. Name. 

1 A. B. 3 E. F. 

2 C. D. 4 G. H. 

We hereby certify that the number of electors voting at 

this election amounts to- 

Attest: 

G. H., A. B., 

J. K., C. D., 

Clerks. E. F., 

Board of Election. 


*Those Sections which may relate to Primary Elections, are printed with a 
marginal line. 







POLITICAL CODE AND LAWS OF CALIFORNIA. 


109 


Tally Lists. 


Names of persons voted for, and for what office, contain¬ 
ing the number of votes given for each candidate: 


Governor. 

Representative in Congress. 

Members of th 

Senate. 

e Legislature. 

Assembly. 




• 


We hereby certify that A. B. had-votes for Governor, 

and C. D. had-votes for Governor; that E. F. had- 

votes for Kepresentative in Congress, etc. 

G. H., A. B., 

J. K., C. D., 

Clerks. E. F., 

Board of Election. 

Want of Form not to Vitiate. 

Sec. 1175.* No list, tally, paper, or certificate returned 
from any election must be set aside or rejected for want of 
form, nor on account of its not being strictly in accordance 
with the directions of this Title, if it can be satisfactorily 
understood. 


CHAPTER VIII. 


Election Tickets and Ballots. 


Section 1185. 
1186. 

1187. 

1188. 

1189. 

1190. 

1191. 

1192. 

1193. 

1194. 

1195. 

1196. 


Ticket defined. 

Ballot defined. 

Tickets must be uniform. 

Secretary of State to keep paper for tickets. 

Must supply such paper to any person on application. 
Disposition of moneys collected from sale of paper. 

Form of ballot and how printed. 

Ballots not to be given to any person within certain limits. 
Tickets and ballots not to be folded or unfolded within certain 
limits. 

Contents of tickets or ballots not to be exhibited within cer¬ 
tain limits. 

Persons not to be asked to disclose contents of ticket or ballot. 
Ballots to have no marks on outside. 


*Those Sections which may .relate to Primary Elections, are printed with a 
marginal line. 























110 


EXTRACTS FROM 


Section 1197. 

1198. 

1199. 

1200. 
1201. 

1202. 

1203. 

1204. 

1205. 


1206. 

1207. 

1208. 

1209. 

1210. 
1211. 
1212. 


Ballots to have no marks by which it can be known who voted 
it, etc. 

Tickets, how to be folded. 

Tickets not to be folded so as to indicate their contents. 

Tickets folded together must be rejected. 

Ballots not to be rejected for obscurity in the name of person 
or office. 

When more persons are designated for an office than are to be 
chosen, ballot to that extent must be rejected. 

Written and printed names for the same office—which to be 
rejected. 

Printed tickets not to be erased but by lead pencil or ink. 

Two votes on the same ballot, for same person, must be 
counted as one. 

Marked ballots to be rejected. 

Same. 

Ballots not conforming to requirements of law must be re¬ 
jected. 

Rejected ballots to be indorsed. 

Rejected ballots must be preserved. 

Ballots not rejected, but objected to, must be indorsed. 

Ballots not in compliance with law not to be received. 

Ticket Defined. 


Sec. 1185. A ticket is a paper upon which is written or 
printed the names of the persons for whom the elector in¬ 
tends to vote, with a designation of the office to which each 
person so named is intended by him to be chosen. 

Ballot Defined 

Sec. 1188. A ballot is a ticket folded in such a manner 
that nothing written or printed thereon can be seen. 


Tickets must be Uniform. 

Sec. 1187. Every ticket must be of paper uniform in 
size, color, weight, texture and appearance. 

Secretary of State to Keep Paper for Tickets. 

Sec. 1188. The Secretary of State must provide and 
keep constantly on hand a sufficient quantity of paper, uni¬ 
form in color, weight, texture, and appearance, without 
marks of any kind thereon, to supply the demand for paper 
for tickets. 


Must Supply such Paper to any Person on Application. 

Sec. 1189. He must, upon payment for the cost thereof 
and ten per cent profit, furnish such 'paper to every person 


POLITICAL CODE AND LAWS OF CALIFORNIA. 


Ill 


who may apply therefor, and who makes and files with him 
an affidavit that such paper is to be used in providing tickets 
to be used as ballots at any election next to ensue. 

Disposition of Money Collected from Sale of Paper. 

Sec. 1190. The sum collected by him for paper so sold 
must be paid into the State Treasury; and ten per cent, of 
such sum must be credited to a fund to be kept in the Treas¬ 
ury, and known as the “Election Reward Fund.” 

Form of Ballot , and how Printed. 

Sec. 1191, as amended March 30, 1874, page 24. No 
ticket must be used at any election, or circulated on the day 
of election, unless: 

1. It is written or printed on paper furnished by the Sec¬ 
retary of State, or upon paper in every respect precisely 
like such paper. 

2. It is five inches in width, or within one-fourth of an 
inch of such width. If not more than fifty offices are 
designated to be filled, it is twelve inches in length, or 
within one-half an inch of such length. If more than fifty 
offices, and not more than eighty offices, are designated to 
be filled, it is eighteen inches in length, or within one-half 
of an inch of such length. If more than eighty offices are 
designated to be filled, it is twenty-four inches in length, or 
within one-half of an inch of such length. 

3. If printed, the names of the persons voted for, and the 
offices* designated, are printed in black ink, and in long 
primer capitals—the names of the offices in small capitals, 
and of the persons in large capitals—and both without 
spaces, except between the different words or initials in 
each line, and between the numbers and initials. 

4. If printed, the same margin is left above the printed 
matter as below it. 

5. If printed, the lines are straight, and the matter double 
leaded with six to pica leads. The word “For” comprises 
the top line, the margins both sides of it being equal in size. 
The line after the top one commences with the figure 1, then 
follows immediately on the same line the name of the first 
office designated by, the Board of Supervisors in its order, 
issued under Sec. 1131, and lastly, on the same line, the 
name of the person voted for. Each subsequent line com¬ 
mences with the figure next in numerical order, and such 
number is in like manner immediately followed by the name 
of the office designated, and the person voted for; so that 
the offices shall appear upon the ticket in the order desig- 


112 


EXTRACTS FROM 


natecl by the Board of Supervisors, and be numbered in 
numerical order, commencing with the number one. The 
numbers are in a straight line from top to bottom, and are 
within one quarter of an inch of the left hand edge of the 
ticket; so that the blank space for substituted names shall 
be on the right hand side of the ticket. The ticket shall be 
substantially in the following form: 

For 

1. STATE SENATOR, FRANK COWPER. 

2. STATE SENATOR, PHILLIP ROSS. 

3. MEMBER OF ASSEMBLY, A. S. WARDEN. 

4. MEMBER OF ASSEMBLY, WASHINGTON SWIFT. 

5. MEMBER OF ASSEMBLY, CALEB T. HOLIDAY. 

Ballots not to be given to any Person within Certain Limits. 

Sec. 1192.* No ticket or ballot must, on the day of elec¬ 
tion, be given or delivered to or received by any person, ex¬ 
cept the Inspector, or a Judge acting as Inspector, within 
one hundred feet of the polling place. 

Tickets and Ballots not to be Folded or Unfolded within Certain 
Limits. 

Sec. 1193.* No person must, on the day of election, fold 
any ticket or unfold any ballot which he intends to use in 
voting, within one hundred feet of the polling place. 

Contents of Tickets or Ballots not to be Exhibited within Certain 
Limits. 

Sec. 1194.* No person must, on the day of election, 
within one hundred feet of the polling place, exhibit to an¬ 
other, in any manner by which the contents thereof may be¬ 
come known, any ticket or ballot which he intends to use in 
voting. 

Persons not to be Asked to Disclose Contents of Ticket or Ballot. 

Sec. 1195.* No person must, on the day of election, 
within one hundred feet of the polling place, request an¬ 
other person to exhibit or disclose the contents of any 
ticket or ballot which such other person intends to use in 
voting. 

"Those Sections which may relate to Primary Elections, are printed with a 
marginal line. 




POLITICAL CODE AND LAWS OF CALIFORNIA. 


113 


Ballot to have no Marks on Outside. 

Sec. 1196.* No ballot must be used at any election, or 
circulated on the day of any election, having any mark or 
thing on the back or outside thereof, whereby it might be 
distinguished from any other ballot legally used on the same 
day. 

Ballots to have no Marks hy which it can he known who 
Voted it, etc. 

Sec. 1197, as amended March 26, 1874, p. 73. No ballot 
or ticket must be used or circulated on the day of any elec¬ 
tion, having any mark or thing thereon by or "from which it 
can be ascertained what persons, or what class of persons 
used or voted it, or at what time in the day such ballot was 
voted or used. 

Tickets, how to he Folded. 

Sec. 1198, as amended March 30, 1874, p. 26. Every 
ticket, when used as a ballot, must be folded crosswise 
from the center, and as follows: If twelve inches long, four 
times; if eighteen inches long, five times; and if twenty-four 
inches long, five times, and must be pressed flat. 

Tickets not to he Folded so as to indicate their Contents. 

Sec. 1199.* No ticket must be folded in a manner to indi¬ 
cate its contents when used as a ballot. 

Tickets folded together must he Rejected. 

Sec. 1200.* If in the ballot box two tickets are found 
folded together in the form of a ballot, they must both be 
rejected. 

Ballots not to he rejected fen Obscurity in the name of Person 
or Office. 

Sec. 1201.* No ballot or part thereof must be rejected by 
reason of any obscurity therein in relation to the name of 
the person voted for, or the designation of the office, if the 
Board, from an inspection of the ballot, can determine the 
person voted for and the office intended. 

When more Persons are Designated for an Office than are to 
he Chosen, Ballot to that extent must be Rejected. 

Sec. 1202.* If the names of more persons are designated 
on any ballot found in the ballot box for the same office than 

*Those Sections which may relate to Primary Elections, are printed with a 
marginal line. 

8 * 






114 


EXTRACTS FROM 


are to be chosen for such office, then, except in the cases 
provided for in the next section, all the names designated 
for such offices must be rejected, and the fact of such rejec¬ 
tion and the reasons therefor must at the time of such rejec¬ 
tion be noted on the ballot and signed by a majority of the 
Election Board. 

Written and Printed, Names for the same Office , zuhich to he 
Rejected. 

Sec. 1203.* When upon a ballot found in any ballot box a 
printed name and a name written with ink or with pencil 
appears, and there are not so many persons to be chosen for 
the office, the printed name must be rejected and the written 
one counted, and the fact must at the time be noted on the 
back of the ballot, and such note must be signed by a 
majority of the Election Board. 

Printed Tickets not to he Erased hut hy Lead Pencil or Ink. 

Sec. 1204. When upon a ballot found in any ballot box 
a name has been erased and another substituted therefor, in 
in any other manner than by the use of a lead pencil or 
common writing ink, the substituted name must be rejected, 
and the name erased, if it can be ascertained from an inspec¬ 
tion of the ballot, must be counted, and the fact thereof 
must be noted upon the ballot, and such note must be 
signed by a majority of the Election Board. 

Two Votes on same Ballot for same Person must he counted as 

One. 

Sec. 1205. If a ballot is found in any ballot box contain¬ 
ing the name of the person and the office for which he is 
designated, or either, two or more times, it must not for 
that reason be rejected; it must be counted as one ballot. 

Marked ballots to he Rejected. 

Sec. 1206. When a ballot found in any ballot box bears 
upon the outside thereof any impression, device, color, or 
thing, or is folded in a manner designed to distinguish such 
ballot from other legal ballots deposited therein, it must, 
with all its contents, be rejected. 

Same. 

Sec. 1207. When a ballot found in any ballot box bears 
upon it any impression, device, color, or thing, or is folded 

*Those Sections which may relate to Primary Elections, are printed with a 
marginal line. 




POLITICAL CODE AND LAWS OF CALIFORNIA. 


115 


m a manner intended to designate or impart knowledge of 
the person who voted such ballot, it must, with all its con¬ 
tents, be rejected. 

Ballots not Conforming to Requirements of Laiv, must be 
Rejected. 

Sec. 1208. When a ballot found in any ballot box does 
not conform to the requirements of section eleven hundred 
and ninety-one, it must, with all its contents, be rejected. 

Rejected Ballots to be Indorsed. 

Sec. 1209. Whenever the Board of Election rejects a 
ballot, it must, at the time of such rejection, cause to be 
made thereon, and signed by a majority of the Board, an 
endorsement of such rejection, and of the causes thereof, 

Rejected Ballots must be Preserved. 

Sec. 1210. All rejected ballots must be preserved and 
returned in the same manner as other ballots. 

Ballots not rejected, but Objected to, must be Indorsed . 

Sec. 1211. Whenever a question arises in the Board as 
to the legality of a ballot or any part thereof, and the Board 
decided in favor of the legality, such action, together with a 
concise statement of the facts that gave rise to the objection, 
must be indorsed upon the ballot, and signed by a majority 
of the Board. 

Ballot's not in Compliance with Law, not to be Received. 

Sec. 1212. The Board must refuse to receive or to allow 
to be deposited in the ballot box any ballot offered, if it is 
apparent that it is not in compliance with the provisions of 
this chapter. 


CHAPTER IX. 


Section 1224. 

1225. 

1226. 

1227. 

1228. 

1229. 

1230. 

1231. 

1232. 


Voting and Challenges. 

Voting, when to commence and continue. 
Manner of voting. 

Same. 

Same. 

Record that person has voted, how kept. 
Same. 

Grounds of challenge. 

Proceedings on challenge for want of identity. 
Same,on challenge for non-residence instate. 



116 


EXTRACTS FROM 


Section 1233 . 

1234 . 

1235 . 

1236 . 

1237 . 

1238 . 

1239 . 

1240 . 

1241 . 

1242 . 

1243 . 


Same, on challenge for non-residence in precinct. 
Same, on challenge of having before voted. 

Same, on ground of conviction of a felony. 

Challenges, how determined. 

Same. 

If person refuse to be sworn, vote to be rejected. 
Rules for the determination of questions of residence. 
Term of residence, how computed. 

Rules must be read, if requested. 

Proceedings upon determination of challenge. 

List of challenges to be kept. 


Voting, when to Commence and Continue. 

Sec. 1224.* Voting may commence as soon as the polls 
are opened, and may be continued during all the time the 
polls remain open. 

Manner of Voting. 

Sec. 1225, as amended April 3, 1876, p. 26. The person 
offering to vote must hand his ballot to the Inspector, or to 
one of the Judges acting as inspector, and announce his name 
and the number affixed to it on the printed copy of the regis¬ 
ter, if his name is thereon •, provided, that in incorporated towns 
and cities the said person voting shall also give the name of 
the street, avenue, or location of his residence and the num¬ 
ber thereof, if it be numbered, or such clear and definite 
description of the place of such residence as shall definitely 
fix the same. 

Same. • 


Sec. 1226, as amended April 3, 1876, p. 26. The Inspector 
or Judge acting as such, must receive the ballot, and before 
depositing it in the ballot box, must, in an audible tone of 
voice announce the name and register number (if there be 
one,) provided, that in incorporated towns and cities the 
said Inspector, or Judge, acting as such, shall also an¬ 
nounce the residence of the person voting, and the same 
shall be recorded on the poll list by the Poll Clerk. 


Same. 

Sec. 1227,* as anmided March 30, 1874, p. 26. If the 
name be found on the copy of the Great Register, or Ward 
Register, or if the party produce and file with the Board an 
uneanceiled certificate of registration on the Great Register 
; of the county, and the vote is not rejected upon a challenge 

"Those Sections which may relate to Primary Elections, are printed with a 
marginal line. « 






POLITICAL CODE AND LAWS OF CALIFORNIA. 117 

taken, the Inspector, or Judge acting as such, must, in the 
presence of the Board of Election, place the ballot, without 
being opened or examined, in the ballot box. 

Record that Person has Voted , how kept. 

Sec. 1228. When the ballot has been placed in the box, 
one of the Judges must write the word “ voted” opposite 
the number of the person on the printed copy of the Regis¬ 
ter; or, if the person voted on a certificate of registration, 
then upon the face thereof. 

Same. 

Sec. 1229.* Each Clerk must keep a list of persons voting, 
and the name of each person who votes must be 1 entered 
thereon and numbered in the order of voting. 

Grounds of Challenge. 

Sec. 1230.* A person' offering to vote may be orally chal¬ 
lenged by any elector of the county, upon either or all of the 
following grounds : 

1. That he is not the person whose name appears on the 
Register; 

2. That he has not resided within thel State for six 
months next preceding the election; 

3. That he has not resided within the precint for thirty 
days next preceding the election; 

4. That he has before voted that day; 

5. That he has been convicted of a felony and has not 
been pardoned. 

I -Proceedings on Challenge for want of Identity. 

Sec. 1231.* If the challenge is on the ground that he is 
not the person whose name appears on the Great Register, 
the Inspector must tender him the following oath : 

“You do swear (or affirm) that you are the person whose 
name is entered on the Great Register.” 

Same, on Challenge for Non-Residence in State. 

Sec. 1232.* If the challenge is on the ground that he has 
not resided in the State for six months next preceding the 
election, the person challenged must be sworn to answer 
questions; and after he is sworn, the following questions 
must be propounded to him by the Inspector : 

1. Have you resided in this State for six months imme¬ 
diately preceding this election ? 

*Tliose Sections which may relate to Primary Elections, are printed with a 
marginal line. 





118 


EXTRACTS FROM 


2. Have you been absent from this State within the six 
months immediately preceding this election ? If yes, then : 

3. When you left, did you leave for a temporary purpose 
with the design of returning; or for the purpose of remain¬ 
ing away ? 

4. Did you while absent regard this State as your home ? 

5. Did you while absent vote in any other State ? 

And such other questions as may be necessary to a deter¬ 
mination of the challenge. 

Same, on Challenge for Non-Residence in Precinct. 

Sec. 1233.* If the challenge is on the ground that he has 
not resided in the precinct for thirty days next preceding the 
election, the person challenged must be sworn to answer 
questions, and after he is sworn the following questions 
must be propounded to him by the Inspector: 

1. When did you last come into this election precinct ? 

2. When you came into this precinct did you come for a 
temporary purpose merely, or for the purpose of making it 
your home ? 

3. Did you come into this precinct for the purpose of 
voting here ? 

And such other questions as may be necessary to a deter¬ 
mination of the challenge. 

Same, on Challenge for having before Voted. 

Sec. 1234.* If the challenge is on the ground that the per¬ 
son challenged has before voted that day, the Inspector must 
tender to the person challenged this oath: 

“ You do swear (or affirm) that you have not before voted 
this day.” 

Same, on Ground of Conviction of a Felony. 

Sec. 1235.* If the challenge is on the ground that the 
person challenged has been convicted of a felony and has 
not been pardoned, he must not be questioned ; but the 
fact may be proved by the production of an authenticated 
copy of the record, or by the oral testimony of two witnesses 
and the non-production of a pardon. 

Challenges, hoio determined. 

Sec. 1236.* Challenges upon the grounds either: 

1. That the person challenged is not the person whose 
name appears on the Great Register; 

2. That the party has before voted on that day; 

*Those Sections which may relate to Primary Elections, are printed with a 
marginal line. 





POLITICAL CODE AND LAWS OF CALIFORNIA. 


119 


—Are determined in favor of the party challenged by his 
taking the oath tendered. 

Same. 

Sec. 1237.* Challenges for causes other than those speci¬ 
fied in the preceding section must be tried and determined 
by the Board of Election at the time of the challenge. 

If Persons Refuse to be Sworn , Vote to be Rejected. 

Sec. 1238.* If any person challenged refuses to take the 
oaths tendered, or refuses to be sworn and to answer the 
questions touching the matter of residence, he must not be 
allowed to vote. 

Rides for Determining Question of Residence. 

Sec. 1239,* as amended March 30, 1874, page 27. The 
Board of Election, in determining the place of residence of 
any person, must be governed by the following rules, as far 
as they are applicable: 

1. That place must be considered and held to be the res¬ 
idence of a person in which his habitation is fixed, and to 
w T hich, whenever he is absent, he has the intention of return¬ 
ing; 

2. A person must not be held to have gained or lost resi¬ 
dence by reason of his presence or absence from a place while 
employed in the service of the United States, or of this State, 
nor while engaged in navigation, nor while a student at any 
institution of learning, nor while kept in an almshouse, asy¬ 
lum, or prison; 

3. A person must not be held, by reason of having moved 
from one precinct to another, in the same county, within 
thirty days prior to the election, to have lost his residence 
in the precinct so moved from, provided he was an elector 
therein on the thirtieth day prior to such election; 

4. A person must not be considered to have lost his resi¬ 
dence who leaves his home to go into another State, or pre¬ 
cinct in this State, for temporary purposes merelv, with the 
intention of returning; 

5. A person must not be considered to have gained a res¬ 
idence in any precinct into which he comes for temporary 
purposes merely, without the intention of making such pre¬ 
cinct his home; 

6. If a person removes to another State with the inten¬ 
tion of making it his residence, he loses his residence in this 
State; 

*Those Sections which may relate to Primary Elections, are printed with a 
marginal line. 








120 


EXTRACTS FROM 


| 7. If a person remove to another State with the inten- 

j tion of remaining there for an indefinite time, and as a place 
of present residence, he loses his residence in this State, 

! notwithstanding he entertains on intention of returning at 
some future period; 

; 8. The place where a man’s family resides must be held 

to be his residence; but if it be a place of temporary estab¬ 
lishment for his family, or for transcient objects, it is other- 
| wise; 

9. If a man have a family fixed in one place, and he does 
business in another, the former must be considered his place 
of residence; but any man having a family, and who has 

; taken up his abode with the intention of remaining, and 
whose family does not so reside with him, must be regarded 
| as a resident where he has so taken up his abode; 

10. The mere intention to acquire a new residence, with¬ 
out the fact of removal, avails nothing; neither does the fact 
of removal, without the intention. 

Note —See Sec. 52, Political Code, p. 59, Ante. 

Term of Residence, how Computed. 

| Sec. 1240 * The term of residence must be computed by 
! including the day on which the person’s residence com- 
| menced, and by excluding the day of election. 

Rules must he Read, if Requested. 

\ Sec. 1241.* Before administering an oath to a person 
| touching his place of residence, the Inspector must, if re- 
| quested by any person, read to the person challenged the 
j rules prescribed by sections twelve hundred and thirty- 
| eight and twelve hundred and thirty-nine. 

Proceedings upon Determination of Challenge. 

Sec. 1242.* If the challenge is determined against the 
person offering to vote, the ballot offered must, without ex¬ 
amination, be returned to him; if determined in his favor, 
the ballot must be deposited in the ballot box. 

List of Challenges to he Kept. 

Sec. 1243.* The Board must cause one of the Clerks to 
keep a list, showing: 

1. The names of all persons challenged; 

2. The grounds of such challenges; 

3. The determination of the Board upon the challenge. 

*Those Sections which may relate to Primary Elections, are printed with a 
marginal line. 




POLITICAL CODE AND LAWS OF CALIFORNIA. 


121 


CHAPTER X. 


Section 1252 . 

1253 . 

1254 . 

1255 . 

1256 . 

1257 . 

1258 . 

1259 . 

1260 . 
1261 . 
1262 . 

1263 . 

1264 . 

1265 . 

1266 . 


1267 . 

1268 . 


Canvassing and Returning the Vote. 

Canvass to be public, and without adjournment. 

Canvass, how commenced. 

Double ballots, how disposed of. 

Excess of ballots, how disposed of. 

Procedure in attesting Poll Lists. 

Counting the votes. 

Tallies. 

Tickets to be strung and inclosed in sealed envelopes. 

Return list. 

Election returns, etc., to be sealed up. 

Inspector to keep duplicate election returns. 

Returns and ballots to be delivered to a member of the Board. 
Must be delivered to County Clerk or, etc. 

Clerk to keep ballets unopened. 

When package containing ballots may be destroyed ; when 
opened. 

Returns to be delivered by Clerk to Supervisors. 

Copy of Register to be filed in County Clerk’s office. 


Canvass to be Public , and, without Adjournment. 

Sec. 1252.* As soon as tile polls are finally closed, the 
Judges must immediately proceed to canvass the votes given 
at such election. The canvass must be public, in the pres¬ 
ence of bystanders, and must be continued without adjourn¬ 
ment until completed and the result thereof is declared. 

Canvass , how Commenced. 

Sec. 1253,* as amended March 30, 1874, page 28. The can¬ 
vass must be commenced by taking out of the box the bal¬ 
lots unopened (except so far as to ascertain whether each 
ballot is single), and counting the same to ascertain whether 
the number of ballots corresponds with the number of 
names on the list of voters kept by the Clerks. In the city 
and county of San Francisco, at the closing of the polls, 
the Inspector must administer to the additional members of 
the Board of Canvassers, the oath prescribed in Section one 
thousand one hundred and forty-eight, and likewise to two 
Clerks appointed by such additional members. He must 
then proceed to take out of the box the ballots, unopened, 
one at a time, numbering them on the backs in numerical 
order, commencing with number one, and writing with ink 

*Those Sections which may relate to Primary Elections, are printed with a 
marginal line. 






122 


EXTRACTS FROM 


the initials of his own name, upon the back of each ballot 
as taken out. He shall pass each ballot, as soon as thus in¬ 
dorsed, to the additional Inspector, who must, in like man¬ 
ner, write thereon the initials of his own name, so that each 
ballot can be subsequently identified by either or both such 
Inspectors. 

Double Ballots , liow Disposed of. 

Sec. 1254,* as amended March 30, 1874, page 29. If two 
or more separate ballots are found so folded together as to 
present the appearance of a single ballot, they must be laid 
aside until the count of the ballots is completed; then, if 
upon a comparison of the count with the number of names 
of electors on the lists which have been kept by the Clerks, 
it appears that the two ballots thus folded together were 
cast by one elector, they must be rejected. 

Excess of Ballots , how Disposed of. 

Sec. 1255,* as amended March 30 , 1874, page 29. The 
ballots must be immediately replaced in the box, and if the 
ballots in the box exceed in number the names on the lists, 
one of the Judges must publicly, and without looking in the 
box, draw out therefrom singly, and destroy, unopened, a 
number of ballots equal to such excess; and the Board of 
Election must make a record, upon the poll list, of the num¬ 
ber of ballots so drawn and destroyed. In the city and 
county of San Francisco the numbers appearing on the 
backs of the ballots so drawn, must likewise be recorded. 

Procedure in Attesting Poll Lists. 

Sec. 1256.* The number of ballots agreeing or being 
thus made to agree with the number of names on the lists, 
the lists must be signed by the members of the Board and 
attested by the Clerks, and the number of names thereon 
must be set down in words and figures at the foot of each 
list, and over the signatures of the Judges and the attesta¬ 
tion of the Clerks, substantially in the form prescribed in 
Section eleven hundred and seventy-four. 

Counting the Votes. 

Sec. 1257.* After the lists are thus signed, the Board 
must proceed to count and ascertain the number of votes 
cast for each person voted for. The ballots must be taken 
out and opened by one of the members of the Board, and 
the ticket must be distinctly read. 

*Thos’e Sections which may relate to Primary Elections, are printed with a 
marginal line. 





POLITICAL CODE AND LAWS OF CALIFORNIA. 123 

Tallies. 

Sec. 1258.* Each Clerk must write down each office to 
be filled and the name of each person voted for to fill such 
office, and keep the number of votes by tallies as they are 
read aloud. 

Tickets to be Strung and Inclosed in Sealed Envelopes. 

Sec. 1259.* The tickets, as soon as read, or rejected for 
illegality, must be strung upon a string by one of the Judges, 
and must not thereafter be examined by any person, but 
must, as soon as all are counted, be carefully sealed in a 
strong envelope, each member of the Board writing his name 
across the seal. 

Return List. 

Sec. 1260.* As soon as all the votes are counted and the 
tickets sealed up, lists must be attached to the tally lists 
containing the names* of persons voted for and for what 
office, and the number of votes given for each candidate, 
the number being written at full length, and such lists must 
be signed by the members of the Board and attested by the 
Clerks, substantially in the form in Section eleven hundred 
and seventy-four given. 

Election Returns , etc., to be Sealed up. 

Sec. 1261, as amended 31arch30, 1874, page 29. The Board 
must, before it adjourns, inclose in cover and seal up and 
direct to the County Clerk, the copy of the Register upon 
which one of the Judges marked the word “Voted” as the 
ballots were received, all certificates of registration received 
by it, one of the lists of the persons challenged, one copy 
of the list of voters, and one of the tally lists and list at¬ 
tached thereto. 

Inspector to keep Duplicate Election Returns. 

Sec. 1262, as amended March 30, 1874, page 30. The In¬ 
spector must retain, open to the inspection of all electors, 
for at least six months, the other list of voters, tally lists, 
and list attached thereto. 

Returns and Ballots to be Delivered to a Member of the 

Board. 

Sec. 1263. The sealed packages containing the Register, 
lists, papers, and ballots, must, before the Board adjourns, 

*Those Sections which may relate to Primary Elections, are printed with a 
marginal line. 




124 


EXTRACTS FROM 


be delivered to one of its number, to be determined by lot, 
unless otherwise agreed upon. 

Returns must be Delivered to County Clerk or Post Master, or 
Express Agent, Etc . 

Sec. 1264, as amended March 30, 1874, page 30. The 
member to whom such packages are delivered, must 
without delay deliver such packages without their having 
been opened, to the County Clerk, nearest postmaster or 
sworn express agent, who shall endorse on such packages 
the name of the party delivering them, and date of such de¬ 
livery. If delivered to a postmaster or express agent, such 
postmaster or express agent shall forward the packages by 
the first mail or express to the county seat. In the city and 
county of San Francisco such packages must be delivered to 
the County Clerk within eighteen hours from time of ad¬ 
journment of the Board, which time of adjournment must be 
endorsed upon such package, and upop. each poll list, in ink, 
and signed by a majority of the members of such Board. 
In the city and county of San Francisco the packages must 
be put up and sealed in the following manner, by an Inspec¬ 
tor, and at least three others of the Board, and be signed with 
their respective signatures, across the same, written: One 
package to contain the ballots only; one package to contain 
one tally list and list attached, only ; one package to contain 
the Ward Register and certificates of registration issued by 
the County Clerk after making up the Ward Register, and 
received at the polls. 

Clerk to keep Ballots Unopened. 

Sec. 1265. Upon the receipt of the packages the Clerk 
must file the one containing the ballots, and must keep it 
unopened and unaltered for twelve months, after which time 
if there is not a contest commenced in some tribunal having 
jurisdiction about such election, he must burn the package, 
without opening or examining its contents. 

When Package' Containing Ballots may be Destroyed, when 
Opened. 

Sec. 1266. If within twelve months there is such a con¬ 
test commenced, he must keep the package unopened and 
unaltered until it is finally determined, when he must, as 
provided in the preceding section, destroy it, unless such 
package is, by virtue of an order of the tribunal in which 
the contest is pending, brought and opened before it, to the 
end that evidence may be had of its contents, in which event 
the package and contents are in the custody of such tribunal 


POLITICAL CODE AND LAWS OF CALIFORNIA. 


125 


Returns to be Delivered by Clerk to Supervisors. 

Sec. 12(57. The other package the Clerk must produce 
before the Board of Supervisors, when it is in session for 
the purpose of canvassing returns. 

Copy of Register to be Filed in the County Clerk's Office. 

Sec. 1208. As soon as the returns are canvassed the 
Clerk must take the copy of the Register returned and hie 
it in his office. 


CHAPTER XI. 


Canvass of Returns—Declaration of Result—Commissions and 

Certificates of Election. 


Section 1278. 

1279. 

1280. 
1281. 
1282. 

1283. 

1284. 

1285. 

1286. 

1287. 

1288. 

1289. 

1290. 

1291. 

1292. 


1193. 

1294. 

1295. 

1296. 


1297. 


Meeting of Supervisors to canvass returns. 

Same. 

Same. 

Canvass, bow made. 

Statement of result to be entered of record. 

Declaration of result. 

Certificates issued by Clerk. 

District returns, how made up. 

How transmitted. 

Duty of Clerk receiving district returns. 

State returns, how made. 

How transmitted. 

Duty of Secretary of State, relative to. 

Commissions issued by Governor. 

Returns of election for Governor and Lieutenant Governor, 
how made. 

How transmitted. 

Same. 

Same. 

Canvass of returns of election for Governor and Lieutenant 
Governor. 

Defects in form of returns, when to be disregarded. 


Meeting of Supervisors to Canvass Returns. 

Sec. 1278. The Board of Supervisors of each county, 
except Humboldt, San Diego, and Trinity, must meet at 
their usual place of meeting on the first Monday after each 
election, to canvass the returns. 


Same. 


Sec. 1279. The Board of Supervisors of the counties ex- 



126 


EXTRACTS FROM 


cepted must each meet at its usual place of meeting, on the 
second Monday after each election, to canvass the returns. 

Same. 

Sec. 1280. If at the time of meeting, the returns from 
each precinct in the county in which polls were opened have 
been received, the Board must then and there proceed to 
canvass the returns; but if all the returns have not been re¬ 
ceived, the canvass must be postponed from day to day until 
all of the returns are received, or until six postponements 
have been had. 

Canvass, how Made. 

Sec. 1281. The canvass must be made in public, and by 
opening the returns and estimating the vote of such county 
or township for each person voted for, and for and against 
each proposition voted upon at such election, and declaring 
the result thereof. 

Statement of Result to be Entered, of Record. 

Sec. 1282. The Clerk of the Board must, as soon as the 
result is declared, enter on the records of such Board a 
statement of such result, which statement must show: 

1. The whole number of votes cast in the county; 

2. The names of the persons voted for, and the proposi¬ 
tions voted upon; 

3. The office to fill which each person was voted for; 

4. The number of votes given at each precinct to each of 
such persons, and for and against each of such propositions; 

5. The number of votes given in the county to each of 
such persons, and for and against each of such propositions. 

Declaration of Residt. 

Sec. 1283. The Board must declare elected the person 
having the highest number of votes given for each office to 
be filled by the votes of a single county or subdivision 
thereof. 

Certificates issued by Clerk. 

Sec. 1284. The County Clerk must immediately make 
out and deliver to such person (except to the person elected 
County Judge), a certificate of election, signed by him and 
authenticated with the seal of the County Court. 

District Returns, how Made up. 

Sec. 1285. When there are officers other than Represen¬ 
tatives in Congress voted for, who are chosen by the electors 


POLITICAL CODE AND LAWS OF CALIFORNIA. 


127 


of a district composed of two or more counties, each of the 
County Clerks of the counties composing such district, 
immediately after making out the statement specified in sec¬ 
tion twelve hundred and eighty-two, must make a certified 
abstract of so much thereof as relates to the election of such 
officers. 

Hoio Transmitted. 

Sec. 1286. The Clerk must seal up such abstract, indorse 
it “ Election Returns,” and without delay transmit the same 
by mail to the County Clerk of the county which stands first 
in alphabetical arrangement in the list of counties compos¬ 
ing such district. 

Duty of * Clerk receiving. District Returns. 

Sec. 1287. The Clerk to whom the election returns of a 
district are made must, on the twentieth day after such elec¬ 
tion, or sooner if returns from all the counties in the district 
have been received, open in public such returns, and from 
them and the statement of the vote for such officers in his 
own county: 

1. Make a statement of the vote of the district for such 
officers, and file the same, together with the returns, in his 
office; 

2. Transmit a certified copy of such statement to the Sec¬ 
retary of State; 

3. Make out and deliver or transmit by mail to the per¬ 
sons elected a certificate of election (unless it is by law 
otherwise provided.) 

State Returns, how Made. 

Sec. 1288. When there has been a judicial election, or 
when there has been a general or special election for officers 
chosen by the electors of the State at large, each County 
Clerk, so soon as the statement of the vote of his county is 
made out and entered upon the records of the Board of 
Supervisors, must make a certified abstract of so much 
thereof as relates to the votes given for persons for offices to 
be filled at such judicial election, (except Justices of the 
Peace) or at such general or special elections. 

How Transmitted. 

Sec. 1289. The Clerk must seal up such abstract, indorse 
it “ Election Returns,” and without delay transmit it by mail 
k) the Secretary of State. 

Duty of Secretary of State, relative to. 

Sec. 1290. On the sixtieth day after the day of election, 


128 


EXTRACTS FROM 


or so soon as the returns have been received from all the 
counties of the State, if received within that time, the Secre¬ 
tary of State must compare and estimate the vote, and make 
out and file in his office a statement thereof, and transmit a 
copy of such statement to the Governor. 

Commissions issued by Governor. 

Sec. 1291. Upon receipt of such copy, the Governor 
must issue commissions to the persons who from it appear 
to have received the highest nnmber of votes for offices, ex¬ 
cept that of Governor and Lieutenant Governor, to be filled 
at such election. 

Returns of Election for Governor and Lieutenant Governor , 
how Made. 

Sec. 1292. When an election has been held to fill the 
office of Governor or Lieutenant Governor, the Clerk of each 
county, in addition to the abstract made f6r transmission to 
the Secretary of State, must, as soon as the statement of the 
vote of his county is made out and entered upon the records 
of the Board of Supervisors, make two certified abstracts of 
so much thereof as relates to the vote given for such officers. 

Hoiv Transmitted. 

Sec. 1293. The Clerk must seal up each abstract sepa¬ 
rately, and indorse thereon “Election Returns for Governor 
and Lieutenant Governor.” 

Same. 

Sec. 1294. He must at once direct one copy to “The 
Speaker of the Assembly next to meet,” address it to Sacra¬ 
mento, California, and deposit it, post paid, in the Post 
Office. 

Same. 

Sec. 1295. The other copy he must direct and address in 
the same manner, and at once deliver it to a member elect 
of the Legislature, or to a Senator who holds over; and the 
person to whom it is so delivered, must deliver it to the 
Speaker on or before the second day next after his election. 

Canvass of returns of Election for Governor and Lieutenant 
Governor. 

Sec. 1296. The returns of election for Governor anc^ 
Lieutenant Governor must, during the first week of the ses¬ 
sion be opened, canvassed, and the result declared by the 
Speaker of the Assembly, in presence of both Houses. 


POLITICAL CODE AND LAWS OF CALIFORNIA. 


129 


Defects in form of Returns, when to he Disregarded. 

Sec. 1297 No declaration of the result, commission or 
certificate must be withheld on account of any defect or in¬ 
formality in the return of any election, if it can with reason¬ 
able certainty be ascertained from such return what office is 
intended, and who is elected thereto. 


CHAPTER XII. 


Election for Electors of President and Vice President. 


Section 1307. 

1308. 

1309. 

1310. 

1311. 

1312. 

1313. 

1314. 

1315. 

1316. 

1317. 

1318. 

1319. 

1320. 

1321. 

1322. 


Electors, wlien chosen. 

Returns, how made. 

How transmitted. 

Messenger, when Clerk may employ. 

Proof of necessity for and approval of appointment of mes¬ 
senger. 

Compensation of messenger. 

Duties of Secretary of State relative to returns. 

Duty of Governor. 

Meeting of Electors. 

Vacancies in, how supplied, 

Voting by Electors, and returns. 

Separate ballots for President and Vice-President. 

Must make lists of persons voted for. 

Result to.be transmitted to the President of the United States 
Senate. 

Compensation of Electors. 

How audited and paid. 


Electors, when Chosen. 

Sec. 1307. At the general election in each bissextile or 
leap year, unless by the laws of the United States another 
time is fixed, and then at such time, there must be chosen 
by the qualified voters of the State, as many Electors of 
President and Yice President of the United States as the 
State is then entitled to. 

Note.— See R. S. U. S. $ 131, page 19, ante. 

Returns , how Made. 


Sec. 1308. The Clerk of each county, as soon as the 
statement of the vote of his county at such election is made 
out and entered on the records of the Board of Supervisors, 
must make a certified abstract of so much thereof as relates 
to the vote given for persons for Electors of President and 
Yice President of the United States. 

9 * 



130 


EXTRACTS FROM 


How Transmitted. 

Sec. 1309. The Clerk must seal up such abstract, indorse 
it ‘ ‘ Presidential Election Returns, ” and without delay trans¬ 
mit it to the Secretary of State, by mail, or in the manner 
hereinafter prescribed. 

Messenger , when Clerk may Employ. 

Sec 1310. If the County Clerk of any county has reason 
to believe that the abstract will not, in the due course of 
mail, reach the Secretary of State before the time fixed by 
law for canvassing the returns of such election, he may, with 
the approval of the County Judge, employ a person to con¬ 
vey and deliver such abstract to the Secretary of State. 

Proof of necessity for and approval of Appointment of Mes¬ 
senger. 

Sec. 1311. In the event provided for in the preceding- 
section, the Clerk must make an affidavit setting forth the 
reasons for his belief, and the name of the person employed 
by him, which affidavit, with the approval of the County 
Judge indorsed thereon, must be given to the person ap¬ 
pointed, and by him, with the abstract, must be delivered 
to the Secretary of State. 

Compensation of Messenger. 

Sec. 1312. The person appointed by the Clerk, after he 
delivers the abstract and statement, is entitled to receive as 
compensation, mileage at the rate of thirty cents a mile from 
the county seat to the seat of government. His account 
therefor, certified by the Secretary of State, must be audited 
by the Controller, and paid out of the General Fund in the 
State Treasury. 

Duties of Secretary of State relative to Betunis. 

Sec. 1313. On the last Monday in the month of the elec¬ 
tion, or as soon as the returns have been received from all 
the counties in the State, if received before that time, the 
Secretary of State must compare and estimate the votes 
given for Electors, and certify to the Governor the names of 
the proper number of persons having the highest number of 
votes. 

Duty of Governor. 

Sec. 1314. The Governor must, upon the receipt of such 
certificate, transmit to each of such persons a certificate of 
election, and, on or before the day of their meeting, deliver 
to the Electors a list of the names of Electors, and must do 


POLITICAL CODE AND LAWS OF CALIFORNIA. 131 

all other things required of him in the premises by any Act 
of Congress in force at the time. 

Meeting of Electors. 

Sec. 1315. The Electors chosen must assemble at the 
seat of government on the first Wednesday in December 
next after their election, at two o’clock in the afternoon. 

Vacancies in, how Supplied. 

Sec. 1316. In case of the death or absence of any Elector 
chosen, or in case the number of Electors from any cause 
be deficient, the Electors then present must elect, from the 
citizens of the State, so many persons as will supply such 
deficiency. 

Voting by Electors , and Returns. 

Sec. 1317. The Electors, when convened, must vote by 
ballot for one person for President and one person for Vice- 
President of the United States, one of whom, at least, is 
not an inhabitant of this State. 

Separate Ballots for President and Vice-President. 

Sec. 1318. They must name in their ballots the persons 
voted for as President, and in distinct ballots the persons 
voted for as Vice-President. 

Must make Lists of Persons Voted for. 

Sec. 1319. They must make distinct lists of all persons 
voted for as President, and of all persons voted for as Vice- 
President, and of the number of votes given for each. 

Result Transmitted to the President of the United States 
Senate. 

Sec. 1320. They must certify, seal up, and transmit by 
mail such lists to the seat of government of the United 
States, directed to the President of the Senate. 

Compensation of Electors. 

Sec. 1321. Electors receive the same pay and mileage as 
is allowed to members of the Assembly. 

Hoiv Audited and Paid. 

Sec. 1322. Their accounts therefor, certified by the Sec¬ 
retary of State, must be audited by the Controller, who 
must draw his warrants for the same on the Treasurer, pay¬ 
able out of the General Fund. 


132 


EXTRACTS FROM 


CHAPTER XIII, 

Elections fen' Members of Congress. 

Article. I. Election for Senators. 

II. Election for Eepresentatives. 


ARTICLE I. 

Election for Senators. 

Section 1332. Election for full terms. 

1333. Elections to fill vacancies. 

Elections for Full Tert'ms. 

Sec. 1332. Election for Senators in Congress for full 
terms must be held at the regular session of the Legislature 
next preceding the commencement of the term to be filled. 
Note.— See Const. U. S., art. 1, sec. 3, page 2, ante . 

Elections to I ill Vacancies. 

Sec. 1333. Elections to fill a vacancy in the term of a 
United States Senator must be held at the session of the 
Legislature next succeeding the occurrence of such vacancy. 


ARTICLE II. 


Elections of Representatives. 


Seotion 1343. 

1344. 

1345. 

1346. 
1347 


When held. 1 
Returns, how made. 

How transmitted. 

Duty of Secretary of State relative to. 
Certificates issued by Governor. 


When Held. 

Sec. 1343. At the general election in the year eighteen 
hundred and seventy-three, and at the general election every 
two years thereafter, there must be elected, for each Con¬ 
gressional District, one representative to the Congress of 
the United States. 

Note. —This section is eclipsed by R. S. U. S. Sec. 26, page 12, ante. 




POLITICAL CODE AND LAWS OF CALIFORNIA. 133 

Returns, how made. 

Sec. 1344. The Clerk of each county, as soon as the 
statement of the vote of his county at such election is made 
out and entered on the records of the Board of Supevisors, 
must make a certified abstract of so much thereof as relates 
to the vote given for persons for Representatives to Congress. 

How Transmitted. 

Sec. 1345. The Clerk must seal up such abstract, indorse 
it “Congressional Election Returns,” and without delay 
transmit it by mail to the Secretary of State. 

Duty of Secretary of State Relative to. 

Sec. 1346. On the sixtieth day after the day of election, 
or as soon as the returns have been received from all the 
counties of the State, if received within that time, the 
Secretary of State must compare and estimate the votes 
given for such Representatives, and certify to the Governor 
the person having the highest number of votes in each Con¬ 
gressional District as duly elected. 

Certificates Issued, by Governor. 

Sec. 1347. The Governor must, upon the receipt of such 
certificate, transmit to each of such persons a certificate of 
his election ; sealed with the Great Seal and attested by the 
Secretary of State. 


CHAPTER XIV. 


Primary Elections. 


Section 1357. 


1358. 

1359. 

1360. 

1361. 

1362. 

1363. 

1364. 

1365. 


Committees may by resolution elect to hold under election 
laws. 

Resolution, form of. 

Notice, form of. 

Challenges. 

None but qualified persons to participate. 

Returns, how made. 

Certificates of election, when issued by Board of Judges. 
Canvass of returns and certificate by committee. 

What provisions of law applicable to these elections. 



134 


EXTRACTS FROM 


Committees may by Resolution Elect to hold under Election 

Laios. 

Sec. 1357, as amended March 26, 1874, p. 74. Any commit¬ 
tee or body authorized by the rules or customs of a voluntary 
political association or organization to call elections of or 
for such association or organization, for any purpose, may 
by resolution adopted at the time of making the call, elect to 
have such elections conducted in accordance with the rules 
prescribed in sections 1083, 1084, 1144, 1145, 1146, 1147, 
1148, 1162, 1163, 1164, 1174, 1175, 1192, 1193, 1194, 1195, 

1196, 1199, 1200, 1201, 1202, 1203, 1224, 1227, 1229, 1230, 

1231, 1232, 1233, 1234, 1235, 1236, 1237, 1238, 1239, 1240, 

1241, 1242, 1252. 1253, 1254, 1255, 1256, 1257, 1258, 1259, 

1260. 

Resolution , Form of. 

Sec. 1358.* The resolution must declare: 

1. The time and place of holding the election, and the 
hours between which the polls are to be kept open; 

2. The names of the persons to constitute the Election 
Board. 

3. The object of the election: 

4. That such election will be held under the provisions 
of the primary election law; 

5. The time and manner of the publication of notice of 
such election; 

6. The qualifications required for voters in addition to 
those prescribed by law. 

Notice , Form of. 

Sec. 1359.* The notice of the election must be signed 
by the Secretary of the committee or body, and must con¬ 
tain a copy of the resolution, and must be published as 
directed in the resolution. 

Challenges . 

Sec. 1360.* In addition to the challenges allowed by 
law, any person offering to vote at such election may be 
challenged upon the ground, that he does not possess the 
other qualifications prescribed in the resolution, and such 
challenges must be tried and determined by the Board of 
Election, who to that end may administer an oath to such 
persons, and may ask them any question tending to prove or 
disprove the challenge. 

*Those Sections which may relate to Primary Elections, are printed with a 
marginal line. 




POLITICAL CODE AND LAWS OF CALIFORNIA. 


135 


None but Qualified Persons to Participate. 

Sec. 1361.* None but persons who possess the qualifi¬ 
cations prescribed by law and by the resolution must vote 
or participate in any of the proceedings at such election. 

Returns, how made. 

Sec. 1362.* After counting the votes and signing the lists, 
the Judges must cause the ballots and one copy of the lists 
to be delivered to the Secretary signing the notice of election, 
and one of the Judges must retain the other lists for twenty 
days after the election. 

Certificates of Elections, , when Issued by Board of Judges. 

Sec. 1363.* The Board of Election must issue certifi¬ 
cates of election to all persons who are chosen to fill any 
position by the vote of one precinct alone. 

Canvass of Returns and, Certificate by Committee. 

Sec. 1364.* The committee or body from which emana¬ 
ted the resolution calling the election may. under such rules 
as it adopts, open and canvass the returns, and issue certifi¬ 
cates to persons chosen to fill positions by the voters of more 
than one precinct. 

What Provisions of Law Applicable to these Elections. 

Sec. 1365.* All of the provisions of Title IY, Part I, of 
the Penal Code, and all the provisions of the sections refer¬ 
red to in the first section of this Chapter, are applicable to 
elections held under the provisions of this Chapter from and 
after the last publication of the notice mentioned in section 
thirteen hundred and fifty-nine. 


Section 4000. 

4006. 

4007. 

4022. 

4023. 

4024. 

4025. 

4026. 

4027. 
4046. 


CHAPTER XY. 

Government of Counties. 

Every county a body corporate. 

Classification of counties. 

Same. 

Board of Supervisors. 

Qualifications of Supervisors. 

Term of office. 

When number increased or decreased, what Board must do. 
Vacancy in Board, how filled. 

Members, how classified for election. 

Power of Supervisors to create election precincts, etc. 


"Those Sections which may relate to Primary Elections, are printed with a 
marginal line. 






136 


EXTRACTS FROM 


Section 4046. 

4046. 

4064. 

4065. 

4101. 

4102. 

4103. 

4104. 

4105. 

4106. 

4107. 

4108. 

4109. 

4110. 

4111. 


Supervisors power to divide counties into townships, school, 
road and other districts, etc. 

Supervisors power canvass returns, etc. 

Supervisors must provide appliances, etc., for election. 
Supervisors must issue aud transmit certificates of election. 
Age, citizenship and residence of county officers. 

Same as to district and township officers. 

County officers enumerated. 

Township and other inferior officers. 

Offices united and consolidated. 

Consolidating offices by board. 

Public Administrators failing to qualify. 

Omission to consolidate. 

Oath, bond, fees, etc, 

County officers except, when elected. 

County Judges and justices of peace. 

Supervisors, when elected. 

Every County a Body Corporate. 


Sec. 4000. Every county is a body politic and corporate, 
and as such has the powers specified in this Code, or in 
special statutes, and such powers as are necessarily implied 
from those expressed. 


Classification of Counties. 


Sec. 4006. For purposes other than for roads and high¬ 
ways, the counties of this State are classified as follows: 

1 Those containing twenty thousand inhabitants or over, 
constitute the first class. 

2. Those containing eight thousand and under twenty 
thousand inhabitants, constitute the second class. 

3. Those containing less than eight thousand inhabitants, 
constitute the third, class. 


Same. 


Sec. 4007. Whenever a new census is taken the coun¬ 
ties, on the first day of July next thereafter, are, by opera¬ 
tion of law, classified under such census. 

Board of Supervisors. 

Sec. 4022. Each county must have a Board of Super¬ 
visors, consisting: 

1. In counties of the first class, of seven members. 

2. In counties of the second class, of five members. 

3. In counties of the third class, of three members. 


Note. —City and County of San Francisco, see Act of April 2, 1856, p. 718, 
145, post. Amador County, see Act March 18, 1874, page 443; Hum- 
ofdt County, see Act March 18, 1876, page 333. 


POLITICAL CODE AND LAWS OF CALIFOENIA. 


137 


Qualifications. 

Sec. 4023. Each member of the Board of Supervisors 
must be an elector of the district he represents. 

Term of Office. 

Sec. 4024. The term of office of a Supervisor is three 
years. 

Note.— In San Francisco two years, see Act April 2, 1866, p. 718, page 145, 
post. 

When Number Increased or Decreased, wliat Board must do. 

Sec. 4025. If, under the classification, the number .of 
Supervisors of any county is either increased or diminished, 
the Board of Supervisors must re-district the county into 
Supervisor districts, as nearly equal in population as may 
be, to correspond with the number of supervisors to which 
it is, under the new classification, entitled. If the number 
is increased at the first general election thereafter, Super¬ 
visors must be elected for such new districts in which no 
Supervisors then acting, reside; and if the number is de¬ 
creased, no successors must be elected for Supervisors, 
whose terms expire until the number is decreased to that 
to which the county is entitled. 

Vacancy in Board, how Filled. 

Sec. 4026. Whenever a vacancy occurs in the Board of 
Supervisors, from a failure to elect or otherwise, the County 
Judge must fill the vacancy by appointing for the unexpired 
term, some qualified Elector of the district in which the 
vacancy occurs. 

Members, how Classified for Election. 

Sec. 4027. The members of the Board of Supervisors 
must be by themselves so classified, that a number as nearly 
equal as may be, must be elected each year. The member 
longest in commission, is the chairman of the Board, and when 
two or more commissions expire at the same time, the Board 
must elect a chairman from those holding the oldest com¬ 
missions. A Supervisor appointed to fill a vacancy, is not 
the holder of the oldest commission, under this section, 
unless all the Supervisors are similarly situated. 

Power of Supervisors to Create Election Precincts, etc. 

Sec. 4046. The Boards of Supervisors in their respective 
counties, have jurisdiction and power under such limitations 
and restrictions as are prescribed by law. * * * 


138 


EXTRACTS FROM 


To District County. 

To divide the counties into townships, school, road and 
other districts required b y law, change the same and create 
others as convenience requires. 

To Create Election Precincts , Canvass Returns , Etc. 
****** 

3. To establish, abolish, and change election precincts, 
and to appoint inspectors and judges of election, canvass all 
election returns, declare the result, and issue certificates 
thereof. ***** 

Supervisors must Provide Appliances , etc., for Elections. 

Sec. 4064. The Board must provide all poll lists, poll 
books, blank returns and certificates, proclamations of elec¬ 
tions, and other appropriate and necessary appliances, for 
holding all elections in the county, and allow reasonable 
charges therefor, and for the transmission and return of 
the same to the proper officers. 

Must Issue and, Transmit Certificates of E lection. 

Sec. 4065. Whenever, as canvassers, the Board of Super¬ 
visors have declared the result of an election held in the 
county, certificates must be by their Clerk issued to all per¬ 
sons elected to a county office, or to a township or district 
office therein, and such other certificates must be made out 
and transmitted as required by the title relative to ‘ ‘ Elec¬ 
tions.” 


Age, Citizenship , and Residence of County Officers. 

Sec. 4101. No person is eligible to a county office who 
at the time of his election is not of the age of twenty-one years, 
a citizen of the State, and an elector of the county in which 
the duties of the office are to be exercised. 

Note. —Women are eligible to educational offices. See Act March 12, 
1874, page 356, page 90, ante. 

Same as to District and Township Officers. 

Sec. 4102. No person is eligible to a district or township 
office who is not of the age of twenty-one years, a citizen of 
the State, and an elector of the district or township in which 
the duties of the office are to be exercised or for which he is 
elected. 


POLITICAL CODE AND LAWS OF CALIFORNIA. 139 

County Officers Enumerated. 

Sec. 4103. The officers of the county are : 

A County Judge; 

A Treasurer; 

A County Clerk; 

An Auditor; 

A Sheriff; 

A Tax Collector; 

A District Attorney; 

A Recorder; 

An Assessor; 

A Surveyor; 

A School Superintendent; 

A Coroner; 

A Public Administrator; 

A Board of Supervisors; and 

—In counties of the first class, for highway purposes : 

A Commissioner of Highways. 

Township and, other Inferior Officers. 

Sec. 4104. The officers of townships are two Justices of 
the Peace, two Constables, and such other inferior and sub¬ 
ordinate officers as are provided for elsewffiere in this Code, 
or by the Board of Supervisors. 

Note. —See special Acts concerning certain counties, page 141, post. 

Offices United and Consolidated. 

Sec. 4105. In all the counties of the third class : 
r 1. The County Clerk shall be ex-officio Auditor and Re¬ 
corder. 

2. The Sheriff elected shall be ex-officio Tax Collector; 
and 

3. The Coroner shall be ex-officio Public Administrator. 

Consolidating Offices by the Board. 

Sec. 4106. By an ordinance adopted, recorded, and pub¬ 
lished at least three months prior to a general election, at 
which county officers are to be elected, the Board of Supervi¬ 
sors of Counties of the second class may unite and consoli¬ 
date certain offices by declaring that: 

1. The Recorder elected shall be ex-officio Auditor. 

2. The County Clerk elected shall be ex-officio Auditor 
and Recorder. 

3. The Sheriff elected shall be ex-officio Tax Collector, 
and 


140 


EXTRACTS FROM 


4. The Coroner elected shall be ex-officio Public Admin¬ 
istrator . 

Public Administrators Failing to Qualify. 

Sec. 1.* If the Public Administrator of any county of 
this State fails to qualify, or in person fails to perform the 
duties of his office, the Coroner of such county shall be ex- 
officio Public Administrator, and in case both Public Admin¬ 
istrator and Coroner fail to qualify, or to perform the duties 
appertaining thereto, the Supervisors shall appoint a suita¬ 
ble person to be Public Administrator, and all laws appli¬ 
cable to the qualification, powers, duties, and compensation 
of Public Administrator shall apply to the Coroner or ap¬ 
pointee of the Supervisors as aforesaid. 

Omission to Consolidate. 

Sec. 4107. When there is an omission by the Board of 
Supervisors to consolidate, and to adverttse the consolida¬ 
tion oPoffices, as in the preceding section authorized, each 
office not so consolidated must be filled by an election. 

Oath, Bond, Fees, etc. 

Sec. 4108. When offices are united and consolidated 
either by the Code or by order of the Supervisors, the per¬ 
son elected to fill the offices so united and consolidated 
must take the oath and give the bond required for each, dis¬ 
charge all the duties pertaining to each, and receive the com¬ 
pensation affixed to the offices. 

County Officers except, etc., When Elected. 

Sec. 4109, as amended December 23,1873, p. 173. All county 
and township officers, except judicial officers, assessors and 
supervisors, must be elected at the general election held in 
September, eighteen hundred and seventy-three, and every 
two years thereafter, and hold office for two years from the 
first Monday of March next after their election; and the offi¬ 
cer now holding shall continue in office until the first Mon¬ 
day in March, A. d. eighteen hundred and seventy-four, ex¬ 
cept Assessors, as hereinafter provided. Assessors must be 
elected at the general election held in September, eighteen 
hundred and seventy-five, and every four years thereafter, 
and hold office for four years from the first Monday of 
March next after their election, except that in the city and 
county of San Francisco, the Assessor holds his office for 
the term of four years from the first Monday of December 

* Of ‘‘An Act to provide for public administrator in certain cases,” appro¬ 
ved March 30, 1872, p, 796. 



POLITICAL CODE AND LAWS OF CALIFORNIA. 


141 


next after his election. Every Assessor now in office must 
hold his office and exercise the duties thereof, until his suc¬ 
cessor is elected at the general election in September, 
eighteen hundred end seventy-five. The provision of this 
section, as far as it relates to the election and term of office 
of Assessors, applies to every county and city in this State. 
provided, that the term of office of no city and county officer 
of the city and county of San Francisco shall be in anywise 
effected by reason of this act; and provided further, that 
nothing contained in this Act shall operate to extend the 
term of office of the present Assessor of El Dorado; Alameda, 
and San Joaquin Counties. 


SCHEDULE OF LOCAL ACTS. 

Concerning Various Offices in Following Named Counties. 

Alameda, Act of February 10,1874, page 90. 

Alameda, Act of February 27, 1874, page 185. 

Alameda, Act of March 8, 1876, page 166. 

Amador, Act of March 18, 1874, page 443. 

Amador, Act of March 20, 1876, page 370. 

Butte, Act of March 27, 1874, page 735, 

Butte, Act of April 3, 1876, page 906. 

Calaveras, Act of February 28, 1876, page 78. 

Calaveras, Act of March 7, 1876, page 141. 

Contra Costa, Act of February 28, 1872, page 170. 

Del Norte, Act of March 30, 1872, page 757. 

Del Norte, Act of January 2,1874, page 12. 

El Dorado, Act of March 30, 1874, page 872. 

El Dorado, Act of March 30, 1874, page 825. 

El Dorado, Act of April 1, 1876, page 681. 

Fresno, Act of March 8, 1876, page 151. 

Fresno, Act of March 20, 1876, page 363. 

Humboldt, Act of March 18, 1876, page 333. 

Kern, Act of March 8, 1876, page 151. 

Kern, Act of March 20, 1876, page 363. 

Lake, Act of March 31, 1876, page 599. 

Los Angeles, Act of December 22, 1875, page 3. 

Mendocino, Act of January 8, 1872, page 17. 

Mendocino, Act of January 23, 1874, page 33. 

Merced, Act of March 26, 1874, page 660. 

Monterey, Act of March 3, 1876, page 124. 

Napa, Act of February 25, 1874, page 158. 

Napa, Act of March 10, 1874, page 329. 

Placer, Act of March 27,1874, page 709. 

Placer, Act of March 13, 1874, page 347. 

Placer, Act of March 28, 1874, page 775. 



142 


EXTRACTS FROM 


Placer, Act of March 30, 1876, page, 573. 

San Bernardino, Act of February 17, 1874, page 111. 

San Bernardino, Act of March 27, 1876, page 488. 

San Diego, Act of March 30, 1876, page 558. 

San Diego, Act of March 2, 1872, page 191. 

San Francisco, Act of April 2, 1866, page 718, etc. page 145, post. 

San Joaquin, Act of March 26, 1874, page 692. 

San Joaquin, Act of March 18, 1874, page 466. 

San Luis Obispo, Act of March 31, 1876, page 608. 

San Luis Obispo, Act of March 27, 1876, page 493. 

San Mateo, Act of March 18, 1874, page 479. 

San Mateo, Act of March 28, 1874, page 779. 

Santa Clara, Act of February 10, 1876, page 35. 

Santa Clara, Act of March 25,1876, page 610. 

Santa Cruz, Act of March 30, 1876, page 576. 

Solano, Act of March 27, 1872, page 624. 

Solano, Act of January 28, 1876, page 14. 

Sonoma, Act of March 16, 1874, page 382. 

Sonoma, Act of April 1, 1876, page 726. 

Stanislaus, Act of March 4, 1874, page 227. 

Stanislaus, Act of March 18, 1874, page 448. 

Stanislaus, Act of March 23, 1874, page 537. 

Tehama, Act of March 30, 1874, page 816. 

Tehama, Act of March 30, 1874, page 796. 

Tehama, Act of March 11, 1876, page 232. 

Tulare, Act of March 8, 1876, page 151. 

Tulare, Act of March 20, 1876, page 363. 

Tulare, Act of February 4, 1874, page 60. 

Tuolumne, March 18, 1874, page 453. 

Tuolumne, Act of February 10, 1876, page 45. 

Tuolumne, Act of February 24, 1874, page 154. 

County Judges and Justices of the Peace. 

Sec. 4110. The election and terms of office of County 
Judges and Justices of the Peace, are provided for in Title 
I of the Code of Civil Procedure. § 83 to 113. 

Note —See pages 88, 89 ante. Also for election of Justices of the Peace in 
San Francisco. See Act of April 2, 1866, p. 718, page 145, post. 

Supervisors , when Elected. 

Sec. 4111. In counties of the third class, one Supervisor 
is elected each year at the general election, when it occurs, 
and on the corresponding day of the alternate year when no 
general election occurs; in the counties of the first and second 
classes, a number of Supervisors as nearly equal as may be, 
to be determined by the Board, are elected every year, at 
the same times as specified herein for counties of the third 
class. 


POLITICAL CODE AND LAWS OF CALIFORNIA. 


143 


TITLE III, CHAPTER I. 


Government and Elections for Officer's for Cities. 


Section 4354. 

4355. 

4356. 

4357. 

4366. 

4367. 

4368. 

4369. 

4370. 


General powers. 

Distribution of powers. 

City declared by Legislature. 
Boundaries, how changed. 

Act to fix time of election. 

First election, when and how held. 
Who are city electors. 

Officers. 

Officers of cities. 


4373. Vacancies in office. 


General Powers. 


Sec. 4354. A city is a body politic and corporate, with 
the general powers of a corporation, and the powers, speci¬ 
fied or necessarily implied in this Title or in Special Laws. 

Distribution of Poivers. 

Sec. 4355. Every city has legislative, executive and judi¬ 
cial powers. Its legislative power is vested in a common 
council, its executive power in a Mayor and his subordinate 
officers, and its judicial power in a Police Court. 

City Declared by Legislature. 

Sec. 4356. Every subdivision of a county not exceeding 
in extent six square miles, with not less than two thousand 
inhabitants, with its metes and bounds fixed and defined, 
and declared by Act of the Legislature to be a * ‘ municipal 
corporation,” is a city with the powers conferred by this 
title. 

Boundaries , how Changed. 


Sec. 4357. The boundary of a city may be changed by 
an Act of the Legislature, on petition of a majority of the 
Common Council, presented in pursuance of a city ordi¬ 
nance, or as hereinafter provided by the Board of Super¬ 
visors. 

Act to fix lime of Election. 


Sec. 4366. The Act of the Legislature declaring a city to 
be a “ municipal corporation,” must fix a day for the first elec¬ 
tion of city officers, and fix the number of members of the 
“ Common Council” to be elected for the first year. 


144 


EXTRACTS FROM 


First Election, when and how Held. 

Sec. 4367. Notice of the first election of city officers 
must be given by the County Judge of the county, by pub¬ 
lishing the same in a newspaper published in the city for 
four weeks successively, designating the officers to be elect¬ 
ed, the polling places, and the officers of election. The re¬ 
turns must be made to the County Judge, who must count 
and declare the vote, and issue certificates of election. 

Who are City Electors. 

Sec. 4368. The qualified electors of the city who have 
resided within the city limits for thirty days next preceding 
the election are qualified to vote at all city elections. 

Officers. 

Sec. 4369, as amended, March 30, 1874—p. 57. The Com¬ 
mon Council must, during the first year, by ordinance, fix 
the term of office of all elective officers, and the time when 
they must be elected, and provide for the appointment of 
other necessary officers, including City Clerk, City Attor¬ 
ney, and Treasurer, and fix their terms and amount of their 
bonds. 

Officers of Cities. 

Sec. 4370, as amended March 30, 1874—p. 58. The elect¬ 
ive officers of cities are: Mayor, a Marshal, a Police Judge, 
Assessor and Collector of Taxes, and a Common Council, 
consisting of not less than three members. They must be 
electors of the city, and qualify by taking the statutory oath 
of office, and, except the first officers elected, hold office 
for a term to be fixed by the Common Council, not exceed¬ 
ing two years. 

Vacancies in Office. 

Sec. 4373. If any person elected to a city office removes 
from the city, absents himself for more than thirty days 
without leave from the Council, or fails to qualify within 
ten days after election, his office is vacant. 


ELECTION FOR MUNICIPAL OFFICERS IN SAN 
FRANCISCO. 

Section Election of Officers. 

2. Of Judges. 

3. Election days. 



LAWS OF CALIFORNIA. 


145 


Section 4. 

2 , 

3. 

5. 

6 , 

7. 

8 . 
9, 

10 . 

11 . 

8 . 


Officers, when elected; terms of office. 
Terms of certain officers extended. 
Supervisors and School Directors. 

A general election in 1867. 

Election of Justices of the Peace. 

Of Harbor Commissioner. 

Present officers to serve their full term. 
Election proclamation. 

New official bonds. 

Repeal. 

Fire Commissioners, 


Elections for Municipal Officers in San Francisco. 

(‘ £ An Act to change the time for holding municipal elec¬ 
tions in the city and county of San Francisco, and to define 
the official terms of certain officers therein mentioned.”)— 
Approved April 2, 1866, p. 718. 

Election of Officers. 

Sec. 1. There shall be elected hereafter for the city and 
county of San Francisco by the qualified electors thereof, 
at the times hereinafter mentioned, and in the manner pre¬ 
scribed by law for the election of State and county officers, 
one Mayor, who shall be ex-officio President of the Board of 
Supervisors, a County Judge*, Police Judge, an Attorney 
and Counsellor, Probate Judge, District Attorney, Sheriff, 
County Clerk, Becorder, Treasurer, Auditor, Tax Collector, 
Assessorf, Coroner, Public Administrator, Surveyor, Su¬ 
perintendent of Common Schools, Superintendent of Pub¬ 
lic Streets, Highways and Squares, Chief of Police, Harbor 
Master and State Harbor Commissioner. There shall be 
elected in each of the twelve present election districts of 
said city and county, which shall hereafter constitute muni¬ 
cipal districts, and be designated and known in law as 
wards, by the qualified electors thereof J one Supervisor and 
one School Director. 

• Of Judges. 

Sec. 2. The County Judge, Probate Judge and Police 
Judge shall be elected at the special judicial elections, and 
shall hold their offices as provided by law. 

Note. —See page 88-89, ante. 


*Note. For election of County Judge, Judge of Municipal Criminal Court 
and Judge of City Criminal Court, see page 88-89, ante. 
fNoTE. See $4109, page 140, ante. 

j Note. —Amended as to election of Supervisors and School Directors by 
plurality of all votes cast in city and county of San Francisco. See $3, 
Act March 30, 1872, p. 329, page 146, post. 

10* 






146 


ELECTION FOR 


Election Days. 

Sec. 3. All elections for city and county officers, except 
as provided in section two of this Act, shall be held in said 
city and county on the days prescribed by law for holding 
the general elections throughout the State, except in the 
years when no general election is provided for by law, when 
elections for city and county officers shall be held on the 
first Wednesday of September of said years. 

Note. —See § 1041, page 92, ante . 

Officers , When Elected: Terms of Office . 

Sec. 4, as amended March 30, 1872, p. 729. At the 
general election to be held in the year eighteen hundred and 
seventy-three, and at the general election to be held every 
second year thereafter, there shall be elected an Attorney 
and Counselor for said city and county, an Auditor, a Tax 
Collector, a Public Administrator, a Superintendent of Pub¬ 
lic Streets, Highways and Squares, Chief of Police, a Super¬ 
intendent of Common Schools, and one* Pire Commis¬ 
sioner, and for each of the First, Third, Fifth, Seventh, 
Ninth and Eleventh Wards one Supervisor and one 
School Director, who shall respectively hold their offices for 
the term of two years from and after the first Monday of 
December next subsequent to their election and until then- 
successors are elected and qualified, and the present incum¬ 
bents of the respective offices named in this Act shall hold 
their offices until their successors are elected and qualified. 

Terms of Certain Officers Extended. 

Sec. 2, of “ An Act, etc.f approved March 30,1872. p. 729. 
On or before the first Monday of December, 1872, the offi¬ 
cers whose terms of office are hereby extended or continued 
shall respectively execute and file, in accordance with the 
statutes regulating the same, their several official bonds for 
the faithful performance of the duties of their respective 
offices from the first Monday in December, 1872, and until 
their respective successors are elected and qualified pursuant 
to the provisions of this Act. 

Supervisors and School Directors. 

Sec. 3, of <c An Act , etc.,” approved March 30, 1872. p. 
329. The Supervisor of each Ward shall be a resident and 
qualified elector thereof, and shall be designated as the 

*Note. —Amended as to Fire Commissioners by “An Act providing a paid 
Fire Department for the City and County of San Francisco,” approved March 
2, 1874, p. 943, page 148, post. 




MUNICIPAL OFFICERS IN SAN FRANCISCO. 


147 


Supervisor of the Ward from which he is elected. The 
School Directors may be elected from the resident and 
qualified electors of the city and county without reference to 
the location of their residence. The Supervisors and School 
Directors shall be elected by a plurality of all the votes cast 
at said elections in the city and county of San Francisco. 

At General Election in 1867. 

Sec. 5, of “ An Act, etc.” approved April 2, 1866, page 
719. At the second election held under this Act, on the 
day of the general election held in the year eighteen hun¬ 
dred and sixty-seven, and at the election held every second 
year thereafter, there shall be elected a Mayor, who shall be 
ex-officio President of the Board of Supervisors; a District 
Attorney, a Sheriff, a County Clerk, a Recorder, a Treasurer, 
an * Assessor, a Coroner, a Surveyor, a Superintendent of 
' Common Schools, a f Harbor Master, and in each of the Sec¬ 
ond, Fourth, Sixth, Eighth, Tenth and Twelfth Wards one 
Supervisor and one School Director, who shall hold their 
offices for the term of two years from and after the first 
Monday of December subsequent to their election and until 
their successors are elected and qualified. 

Election of Justices of the Peace. 

Sec. 6. In and for the city and county at large at the 
general election in the year eighteen hundred and sixty- 
seven, and at the general election every two years thereafter, 
there shall be chosen by the qualified electors of said city 
and county five Justices of the Peace, to hold office for the 
term now prescribed bylaw; and all laws are repealed which 
require or authorize Justices to be elected at a special judi¬ 
cial election. 

Note. —See Act of March 30,1872, page 758. See § 113, page 89, ante . 

Of Harbor Commissioner. 

Sec. 7. Superceded by the following: 

Sec. 2520 of Political Code, as amended February 28, 1876, 
page 32. As soon as may be after the passage of this Act, 
the Governor, by and with the consent of the Senate, shall 
appoint three State Harbor Commissioners who shall hold 
office one for two years, one for three years and one for four 
years from the date of their respective commissions. The 
Governor shall in like, manner at the expiration of their 
respective terms appoint and commission their successors 
for a full term of four years, excepting in case of vacancy 
occurring in the board by resignation or otherwise, to fill 


*Note.— For Assessor see § 4109, page 140, ante, t See next page. 



148 


ELECTION FOR 


which he shall appoint a commissioner for the unexpired 
portion of the term. 

Office of Harbor Master Abolished. 

Sec. 3.* The present Harbor Master of the city and 
county of San Francisco shall continue in office as such 
until the end of the term for which he was elected. * 

At the end of said term said office shall become extinct. * 
Present Officers to Serve Their Full Term. 

Sec. 8. All of the present city and county officers, as 
designated in sections four, five and seven of this Act, and 
the State Harbor Commissioner, as designated in section 
eight, shall continue in office during the entire term for 
which they were elected and until their successors are 
elected and qualified, as provided for in this Act, provided , 
that any officer elected or appointed to fill a vacancy which 
may in any manner occur shall serve only during the unex¬ 
pired term of his predecessor, and until his successor is 
elected and qualified. 

Election Proclamation. 

Sec. 9. It is hereby made the duty of the Mayor to issue 
his proclamation by publication in not less than three daily 
newspapers published in said city and county, at least ten 
days previous to the day in each year on which the election 
is to be held under this Act, calling upon the qualified voters 
in said city and county to meet in their respective districts 
for the purpose of electing such officers as are provided for 
in this Act, reciting in such proclamation the different offi¬ 
cers to be elected at such election. 

Sec. 10. Hold Over officers shall give New Official Bonds. 

Repeal. 

Sec. 11. An Act entitled “An Act to change the time for 
holding municipal elections in the city and county of San 
Francisco, and to define the official terms of certain officers 
therein mentioned,” approved April 22, 1861, and all Acts 
and parts of Acts inconsistent with the provisions of this Act 
are hereby repealed. 

Fire Commissioners. 

Sec. 8.f The persons composing the present Board of 
Fire Commissioners shall continue in office as such Com¬ 
missioners until the expiration of their present terms of of¬ 
fice respectively, except in the case of the person elected or 
appointed to fill the vacancy occasioned by the resignation 

*Note. —Of “An Act concerning the State Harbor Commissioners, and for 
other purposes,” approved March 30, 1874, page 910. 

Note. —Of “An Act providing a paid Fire Department in the city and 
county of San Francisco,” approved March 2, 1864, page 943. 



MUNICIPAL OFFICERS IN SAN FRANCISCO. 


149 


of John C. Merrill, who shall continue in office only until 
the first Monday in December, eighteen hundred and sev¬ 
enty-five, when he shall be succeeded by the person elected 
by the people of said city and county at the general election 
to be held that year, as hereinafter provided. At the 
general election to be held In said city and county in 
the year one thousand eight hundred and seventy-five, 
there shall be elected by the qualified electors thereof 
three persons as Fire Commissioners, to hold office 
for the term of four years each, from the first Mon¬ 
day of December of said year, who shall enter upon 
the discharge of their duties as such Fire Commission¬ 
ers upon that date, and shall hold office until their suc¬ 
cessors are elected and qualified. At the general election to 
be held in the year one thousand eight hundred and seventy- 
seven, there shall be elected by the qualified voters of said 
city and county two persons as Fire Commissioners, to hold 
office for the term of four years each, from the first Monday 
of December next ensuing, and until their successors are 
elected and qualified; and at every general election there¬ 
after there shall be elected by the qualified voters of said 
city and county one or more persons (as the case may be) as 
Fire Commissioners, to fill vacancies then existing in unex¬ 
pired terms, or for full terms of four years each, or for both 
such terms as may be found necessary. Should any vacancy 
occur in the office of Fire Commissioner by death, resigna¬ 
tion, or otherwise, the Board of Supervisors of said city and 
county, shall appoint some suitable person to fill the same 
until the next general election, when a person shall be elected 
as Fire Commissioner for the unexpired term, by the quali¬ 
fied electors of said city and county. 


PRELIMINARY PROVISIONS 


OF THE 

PENAL CODE. 


Section 17. Felony and misdemeanor defined. 

18. Punishment of felony when not otherwise prescribed. 

19. Punishment of misdemeanor when not otherwise prescribed. 

24* This Act, how cited, etc. 

Felony and Misdemeanor Defined. 

Sec. 17, as amended March 7, 1874, p. 455. A felony 
is a crime which is punishable with death, or by imprison¬ 
ment in the State Prison. Every other crime is a misde¬ 
meanor. When a crime, punishable by imprisonment in the 
State Prison, is also punishable by fine or imprisonment in 
a county jail, in the discretion of the Court, it shall be deem¬ 
ed a misdemeanor for all purposes after a judgment im¬ 
posing a punishment other than imprisonment in the State 
Prison 

Punishment of Felony when not othemvise Prescribed. 

Sec. 18. Except in cases where a different punishment is 
prescribed by this Code, every offense declared to be a 
felony is punishable by imprisonment in the State Prison 
not exceeding five years. 

Punishment of Misdemeanor when not Othemvise Prescribed. 

Sec. 19. Except in cases where a different punishment is 
prescribed by this Code, every offense declared to be a mis¬ 
demeanor is punishable by imprisonment in a county jail not 
exceeding six months, or by a fine not exceeding five hun¬ 
dred dollars, or by both. 

This Act , how Cited. 

Sec. 24. This Act, whenever cited, enumerated, referred: 
to, or amended, may be designated simply as “The Penal 
Code,” adding, when necessary, the number of the section,. 



PART I, TITLE IV, 

OF THE 

PENAL CODE. 


Of Crimes Against the Elective Franchise. 


Section 41. 
4 42. 

43. 

44. 


45. 


46. 

47. 

48. 

49. 

50. 

51. 

52 . 

53. 


54. 

55. 

56. 

57. 

58. 

59. 

60. 
61. 
62. 


Violation of election Taws by certain officers, a felony. 
Fraudulent registration a felony. 

Refusal to be sworn by or to answer questions of Board of 
Judges of Election a misdemeaner. 

Refusal to obey summons of Board of Registration a misde¬ 
meanor. 

Voting without being qualified, voting twice, and other election 
frauds, felonies. 

Attempting to vote without being qualified. 

Procuring illegal voting a misdemeanor. 

Changing ballots or altering returns by election officers,felonies. 
Inspectors unfolding or marking tickets guilty of a misdemeanor. 
Forging or altering returns a felony. 

Adding to or subtracting from votes given a felony. 

Persons aiding and abetting or concealing guilty of felony. 
Intimidating, corrupting, deceiving, or defrauding electors, a 
misdemeanor. 

Furnishing money for elections, except for specified purposes. 
Unlawful offers to procure offices for electors. 

Communicating such offer. 

Bribing or offering to bribe members of legislative caucuses, etc. 
Preventing public meetings. 

Disturbance of public meetings, misdemeanor. 

Betting on elections. 

Violation of election laws by persons not officers. 

Persons printing or circulating illegal tickets guilty of misde¬ 
meanor. 


Violation of Election Laws by Certain Officers a felony. 

Sec. 41.* Every person charged with the performance of 
any duty under the provisions of any law of this State rela- ! 


*Those Sections which may relate to Primary Elections, are printed with a 
marginal line. 






152 


PENAL CODE. 


ting to elections, who willfully neglects or refuses to per¬ 
form it, or who, in his official capacity, knowingly and 
fraudently acts in contravention or violation of any of the 
provisions of such laws, is, unless a different punishment 
for such acts or omissions is prescribed by this Code, pun¬ 
ishable by fine not exceeding one thousand dollars, or by 
imprisonment in the State Prison not exceeding five years, 
or by both. 

Fraudulent Registration a Felony. 

Sec. 42.* Every person wffio willfully causes, procures, 
or allows himself to be registered in the Great Eegister of 
any county, knowing himself not to be entitled to such reg¬ 
istration, is punishable by a fine not exceeding one thousand 
dollars, or by imprisonment in the County Jail or State 
Prison not exceeding one year, or by both. In all cases 
where, on the trial of a person charged with any offense un¬ 
der the provisions of this section, it appears in evidence 
that the accused stands registered in the Great Eegister of 
any county, without being qualified for such registration, the 
Court must order such registration to be canceled. 

Stats. 1866, p. 299, Sec. 34. 

Refusal to be Stvorn by or to Answer Questions of Board of 
Judges of Election a misdemeanor. 

Sec. 43.* As amended March 30, 1874, p. 423. Every 
person who, after being required by the Board of Judges 
at any election, refuses to be sworn, or, being sworn, re¬ 
fuses to answer any pertinent question propounded by such 
Board, touching the right of another to vote, is guilty of 
a misdemeanor. 

Stats. 1866, p. 511, Sec. 15. 

Refusal to Obey Summons of Board of Registration , a misde¬ 
meanor. 

Sec. 44 * Every person summoned to appear and testify 
before any Board of Eegistration, who willfully disobeys 
such summons is guilty of a misdemeanor. 

Stats. 1866, p. 652, Sec. 15. 

Voting without being Qualified , Voting Twice, and other Elec¬ 
tion Frauds , Felonies. 

Sec. 45.* Every person not entitled to vote, who fraudu¬ 
lently votes, and every person who votes more than once at 

'Those Sections which may relate to Primary Elections, are printed with a 
marginal line. 




OF CRIMES AGAINST THE ELECTIVE FRANCHISE. 153 

any one election, or knowingly hands in two or more tickets 
folded together, or changes any ballot after the same has 
been deposited in the ballot box, or adds, or attempts to 
add, any ballot to those legally polled at any election, either 
by fraudulently introducing the same into the ballot box 
before or after the ballots therein have been counted, or 
adds to or mixes with, or attempts to add to or mix with, 
the ballots lawfully polled, other ballots, while the same are 
being counted or canvassed, or at any other time, with in¬ 
tent to change the result of such election, or carries away or 
destroys, or attempts to carry away or destroy, any poll list, 
or ballots, cr ballot box, for the purpose of breaking up or 
invalidating such election, or willfully detains, mutilates, or 
destroys any election returns, or in any manner so interferes 
with the officers holding such election or conducting such 
canvass, or with the voters lawfully exercising their rights 
of voting at such election, as to prevent such election or can¬ 
vass from being fairly had and lawfully conducted, is guilty 
of a felony. 

Stats. 1855, p. 296, Sec, 1; 1858, p. 165, Sec. 1, 

Attempting to Vote without being Qualified. 

Sec. 46.* Every person not entitled to vote, who fraudu¬ 
lently attempts to vote, or who, being entitled to vote, at¬ 
tempts to vote more than once at any election, is guilty of a 
misdemeanor. 

Stats. 1850, p. 111, Sec. 101. 

Procuring Illegal Voting a Misdemeanor. 

Sec. 47.* Every person who procures, aids, assists, coun¬ 
sels, or advises another to give or offer his vote at any elec¬ 
tion, knowing that the person is not qualified to vote, is 
guilty of a misdemeanor. 

Stats. 1866, p, 511, Sec, 8. 

Changing Ballots or Altering Returns by Election Officers , 
Felonies. 

Sec. 48.* Every officer or Clerk of Election who aids in 
changing or destroying any poll list, or in placing any ballots 
in the ballot box, or in taking any therefrom, or adds, or 
attempts to add, any ballots to those legally polled at such 
election, either by fraudulently introducing the same into 
the ballot box before or after the ballots therein have been 
counted, or adds to or mixes with, or attempts to add to or 

*Those Sections which may relate to Primary Elections, are printed with a 
marginal line. 




154 


PENAL CODE. 


mix with, the ballots polled, any other ballots, while the 
same are being counted or canvassed, or at any other time, 
with intent to change the result of such election, or allows 
another to do so when in his power to prevent it, or carries 
away or destroys, or knowing allows another to carry away 
or destroy any poll list, ballot box, or ballots lawfully polled, 
is punishable by imprisonment in the State Prison for not 
less than two nor more than seven years. 

Stats. 1858, p. 165, Sec. 2. 

Inspectors Unfolding or Marking Tickets , guilty of a Misde¬ 
meanor. 

Sec. 49.* Every Inspector, Judge, or Clerk of an elec¬ 
tion who, previous to putting the ballot of an elector in the 
ballot box, attempts to find out any name on such ballot, or 
who opens, or suffers the folded ballot of any elector which 
has been handed in to be opened or examined previous to 
putting the same into the ballot box, or who makes or places 
any mark or device on any folded ballot with the view to 
ascertain the name of any person for whom the elector has 
voted, or who, without the consent of the elector, discloses 
the name of any person which such Inspector, Judge, or 
Clerk has fraudulently or illegally discovered to have been 
voted for by such elector, is punishable by fine, not less 
than fifty nor more than five hundred dollars. 

Stats. 1863, p. 398, Sec, 1, 

Forging or Altering Returns a Felony. 

Sec. 50.* Every person who forges or counterfeits re¬ 
turns of an election purporting to have been held at a pre¬ 
cinct, town, or ward where no election was in fact held, or 
willfully substitutes forged or counterfeit returns of election 
in the place of the true returns, for a precinct^ town or ward 
where an election was actually held, is punishable by im¬ 
prisonment in the State Prison for a term not less than two 
nor more than ten years. 

Stats, 1863, p. 399, Sec. 1. 

Adding to or Subtracting from Votes given , a■ Felony. 

Sec. 51.* Every person who willfully adds to or subtracts 
from the votes actually cast at an election, in any returns, 
or who alters such returns, is punishable by imprisonment 
in the State Prison for not less than one nor more than five 
j years. 

I Stats. 1863, p. 399, Sec. 1. 

*Those Sections which may relate to Primary Elections, are printed with a 
marginal line. 





OF CRIMES AGAINST THE ELECTIVE FRANCHISE. 155 


Persons aiding or Abetting, or concealing, guilty of Felony. 

Sec. 52,* as amended March 30, 1874, p. 423. Every per¬ 
son who aids or abets in the commission of any of the offenses 
mentioned in the four preceding sections, is punishable by 
imprisonment in the County Jail for the period of six months, 
or in the State Prison not exceeding two years. 

Intimidating, Corrupting, Deceiving or Defrauding Electors, a 
Misdemeanor. 

Sec. 53*. Fvery person who, by force, threats, menaces, 
bribery, or any corrupt means, either directly or indirectly 
attempts to influence any elector in giving his vote, or to 
deter him from giving the same, or attempts by any means 
whatever to awe, restrain, hinder or disturb any elector in 
the free exercise of the right of suffrage, or furnishes any 
elector wishing to vote, who cannot read, with a ticket, in- 
forming or giving such elector to understand that it contains ; 
a name written or printed thereon, different from the name j 
which is written or printed thereon, or defrauds any elector 
at any such election, by deceiving and causing such elector j 
to vote for a different person for any office than he intended 
or desired to vote for; or who, being Inspector, Judge, or 
Clerk of any election, while acting as such, induces, or at-! 
tempts to induce, any elector, either by menace or reward, 
or promise thereof to vote differently from what such elector 
intended or desired to vote, is guilty of a misdemeanor. 

Stats. 1850, p. 110, Sec. 98. 

Iurwishing Monkey for Elections, except for Specified Purposes. 

Sec. 54* Every person who, with intent to promote the 
election of himself or any other person, either: 

1. Furnishes entertainment at his expense to any meeting 
of electors previous to or during an election; 

2. Pays for, procures, or engages to pay for any such 
entertainment; 

3. Furnishes or engages to pay or deliver any money or 
property for the purpose of procuring the attendance of j 
voters at the polls, or for the purpose of compensating any 
person for procuring attendance of voters at the polls, ex- I 
cept for the conveyance of voters who are sick or infirm; j 

4. Furnishes or engages to pay or deliver any money or 
property for any purpose intended to promote the election 
of any candidate, except for the expenses of holding and 

*Those Sections which may relate to Primary Elections, are printed with a 
marginal line. 







156 


PENAL CODE. 


conducting public meetings for the discussion of public 
questions, and of printing and circulating ballots, handbills, 
and other papers previous to such election; 

Is guilt} 7 of a misdemeanor. 

Same , Unlawful Offers to Procure Offices for Electors. 

Sec. 55.* Every person who, being a candidate at any 
election, offers or agrees to appoint or procure the appoint¬ 
ment of any particular person to office, as an inducement or 
consideration to any person to vote for, or procure or aid in 
procuring the election of such candidate, is guilty of a mis¬ 
demeanor. 

Communicating such Offer. 

Sec. 56.* Every person, not being a candidate, who com¬ 
municates any offer made in violation of the last section to 
any person, with intent to induce him to vote for, or to pro¬ 
cure or aid in procuring the election of the candidate making 
the offer, is guilty of a misdemeanor. 

Bribing or Offering to Bribe Members of Legislative Cau¬ 
cuses. etc. 

Sec. 57.* Every person who gives or offers a bribe to any 
officer or member of any legislative caucus, political con¬ 
vention, committee, primary election, or political gathering 
of any kind, held for the purpose of nominating candidates 
for offices of honor, trust, or profit in this State, with intent 
to influence the person to whom such bribe is given or of¬ 
fered to be more favorable to one candidate than to another, 
and every person, member of either of the bodies in this 
section mentioned, who receives or offers to receive any such 
bribe, is punishable by imprisonment in the State Prison 
not less than one nor more than fourteen years. 

Preventing Public Meetings. 

Sec. 58.* Every person who by threats, intimidation or 
unlawful violence, willfully hinders or prevents electors from 
assembling in public meeting for the consideration of pub¬ 
lic questions, is guilty of a misdemeanor. 

Disturbance of Public Meetings , Misdemeanor. 

Sec. 59.* Every person who willfully disturbs or breaks 
up any public meeting of electors or others, lawfully being- 
held for the purpose of considering public questions, is 
guilty of a misdemeanor. 

*Those Sections which may relate to Primary Elections, are printed with a 
marginal line. 





OF CRIMES AGAINST THE ELECTIVE FRANCHISE. 157 
Betting on Elections. 

Sec. 60.* Every person who makes, offers, or accepts any 
bet or wager upon the result of any election, or upon the 
success or failure of any person or candidate, or upon the 
number of votes to be cast either in the aggregate or for any 
particular candidate, or upon the vote to be cast by any per¬ 
son, is guilty of a misdemeanor. 

Violation of Election Laws by Persons not Officers. 

Sec. 61.* Every person who willfully violates any of the 
provisions of the laws of this State relating to elections is, 
unless a different punishment for such violation is pre¬ 
scribed by this Code, punishable by a fine not exceeding 
one thousand dollars, or by imprisonment in the State 
Prison not exceeding five years, or by both. 

Persons Printing or Circulating Illegal Tickets Guilty of a 
Misdemeanor. 

Sec. 62, as amended March 23, 1874, p. 456. Every per¬ 
son who prints any ticket not in conformity with section one 
thousand one hundred and ninety-one of the Political Code, 
or who circulates or gives to another any ticket, knOAvdng at 
the time that such ticket does not conform to the provisions 
of section one thousand one hundred and ninety-one of the 
Political Code, is guilty of a misdemeanor. 

Sale, Donation or Furnishing of Intoxicating Liquors on 
Election Days Prohibited. 

Sec. l.f It shall not be lawful for any person or persons 
keeping a public house, saloon or drinking place, either 
licensed or unlicensed, to sell, give away or furnish spirit¬ 
uous or malt liquors, wine, or any other intoxicating bever¬ 
ages, on any part of any day set apart, or to be set apart, 
for any general or special election, by the citizens in any 
election district or precinct in any of the counties of the 
State, where an election is in progress, during the hours 
when by law in said district or precinct the election polls 
are required to be kept open. 

Penalty. 

Sec. 2.f Any person or persons violating the provis¬ 
ions of this Act shall be deemed guilty of a misdemeanor. 

fOf an Act to prevent the sale of intoxicating beverages on election days, 
approved March 7, 1874, p. 297. 

*Those Sections which may relate to Primary Elections, are printed with a 
marginal line. 








TITLE II, OF PART III, 

OF THE 

CODE OF CIVIL PROCEDURE. 


Of Contesting Certain Elections. 


Section 1111. 
1112 . 

1113. 

1114. 

1115. 

1116. 


1117. 

1118. 

1119. 

1120. 
1121 . 
1122. 

1123. 

1124. 

1125. 

1126. 
1127. 


Who may contest, and grounds of contest. 

Irregularity and improper conduct of judges, when to annul 
elections. 

When not to. 

Illegal votes, when not to vitiate election. 

Proceedings on contest. 

Statement of cause of contest. When based on reception of 
illegal votes, contestant to deliver to respondent a list of 
votes claimed to be illegal. 

Statement of cause of contest; want of form not to vitiate. 
County Judge to hold special term for trial of contest. 

Clerk to issue citation to respondent. 

Witnesses ; attendance of ; how enforced. 

Power of Court. Adjournment of Court. 

Buies to govern Court in trial of contest. 

Court may declare who was elected. 

Fees of officers and witnesses. 

Costs. 

Appeal. 

When election void and office vacant. 


Who May Contest , and on What Grounds. 

Sec. 1111, as amended March 11, 1876. Any elector of a 
county, city and county, city, or of any political subdivision 
of either, may contest the right of any person declared 
elected to an office to be exercised therein, for any of the 
following causes: 

First—For malconduct on the part of the Board of Judges 
or any member thereof. 

Second—When the person whose right to the office is con¬ 
tested was not, at the time of the election, eligible to such 
office. 



CONTESTING ELECTIONS. 


159 


Third—When the person whose right is contested has 
given to any elector or Inspector, Judge or Clerk of the 
election, any bribe or reward, or has offered any such bribe 
or reward for the purpose of procuring his election, or has 
committed any other offense against the elective franchise 
defined in Title Four, Part One of the Penal Code. 

Fourth—On account of illegal votes. 

Stats. 1850, 101, § 51. Kirk v. Rhodes, 46 Cal. 398. 

Irregularity and Improper* Conduct of Judges , When to Annul 
Elections. 

Sec. 1112. No irregularity or improper conduct in the 
proceedings of the judges, or any of them, is such malcon- 
duct as avoids an election, unless the irregularity or im¬ 
proper conduct is such as to procure the person whose right 
to the office is contested to be declared elected when he had 
not received the highest number of legal votes. 

Stats. 1850, 101, § 52, substantially the same. 

When Not To. 

Sec. 1113. When any election held for an office exer¬ 
cised in and for a county is contested on account of any 
malconduct on the part of the Board of Judges of any town¬ 
ship election, or any member thereof, the election cannot be 
annulled and set aside upon any proof thereof, unless the re¬ 
jection of the vote of such township or townships would 
change the result as to such office in the remaining vote of 
the county. 

Stat, 1850, 101, $ 53. 

Illegal Votes , When Not to Vitiate Election. 

Sec. 1114. Nothing in the fourth ground of contest, 
specified on section eleven hundred and eleven, is to be so 
construed as to authorize an election to be set aside on ac¬ 
count of illegal votes, unless it appear that a number of ille¬ 
gal votes has been given to the person whose right to the 
office is contested, which, if taken from him, would reduce 
the number of his legal votes below the number of votes 
given to some other person for the same office, after deduct¬ 
ing therefrom the illegal votes which may be shown to have 
been given to such other person. 

Stat. 1850, 101, sec. 54. 

Proceedings on Contest . 

Sec. 1115. When an elector contests the right of any 
person declared elected to such office, he must within forty 


160 


CODE CIVIL PROCEDURE. 


days after the return day of the election, file with the county 
clerk a written statement, setting forth specifically: 

1. The name of the party contesting such election, and 
that he is an elector of the district, county or township, as 
the case may be, in which such election was held. 

2. The name of the person whose right to the office is 
contested. 

3. The office. 

4. The particular grounds of such contest. 

Which statement must be verified by the affidavit of the 
contesting party, that the matters and things therein con¬ 
tained are true. 

Stat- 1851, 182, sec. 10, substantially the same, 43 Cal. 239. 

Statement of Cause of Contest. When Based on Reception 

of Illegal Votes , Contestant to Deliver to Respondent a 

List of Votes Claimed to be Illegal. 

Sec. 1116. When the reception of illegal votes is alleged 
as a cause of contest, it is sufficient to state generally that 
in one or more specified townships illegal votes were given 
to the person whose election is contested, which, if taken 
from him, will reduce the number of his legal votes below 
the number of legal votes given to some other person for the 
same office; but no testimony can be received of any illegal 
votes, unless the party contesting such election deliver to 
the opposite party, at least three days before such trial, a 
written list of the number of illegal votes, and by whom 
given, which he intends to prove on such trial; and no testi¬ 
mony can be received of any illegal votes except such as are 
specified in such list. 

Stat. 1850, 101, sec. 57, substantially the same. 

Statement of Cause of Contest; Want of Form not to Vitiate. 

Sec. 11.17. No statement of the grounds of contest will 
be rejected, nor the proceedings dismissed by any court for 
want of form, if the grounds of contest are alleged with 
such certainty as will advise the defendant of the particular 
proceeding or cause for which such election is contested. 

Stat. 1850, 101, sec. 58, substantially the same. 43 Cal. 486. 

County Judge to hold Special Term for Trial of Contest. 

Sec. 1118. Upon the statement being filed, the County 
Clerk must inform the Judge of the County Court, who 
must give notice and order a special term of Court to be 
held at the Court House of the proper county, on some day 


CONTESTING ELECTIONS. 


161 


to be named by him, not less than ten nor more than twenty 
days from the date of sncli notice, to hear and determine 
such contested election. 

Stat. 1855, 161, sec. 8. 

Clerk to issue Citation to Respondent. 

Sec. 1119. The Clerk must also, at the same time, issue 
a citation for the person whose right to the office is con¬ 
tested, to appear at the time and place specified in the 
notice, which citation must be delivered to the Sheriff and 
be served upon the party in person, or, if he cannot be 
found, by leaving a copy thereof at the house where he last 
resided. 

Stat. 1850, 101, sec. 60. 

Witnesses—Attendance of, hoio Enforced. 

Sec. 1120. The Clerk must issue subpoenas for witnesses 
at the request of either party, which must be served as other 
subpoenas; and the County Court has full power to issue 
attachments to compel the attendance of witnesses who have 
been subpoenaed to attend.. 

Stat. 1855, 161, sec. 9, substantially the same. 

Power of Court. Adjournment of Court. 

§ec. 1121. The Court must meet at the time and place 
designated to determine such contested election, and shall 
have all the powers necessary to the determination thereof. 
It may adjourn from day to day until such trial is ended, 
and may also continue the trial, before its commencement, 
for any time not exceeding twenty days, for good cause 
shown by either party upon affidavit, at the costs of the 
party applying for such continuance. 

Stat. 1850, 101, sec. 62. 

Rules to Govern Court in Trial of Contest. 

Sec. 1122. The Court must be governed, in the trial, 
and determination of such contested election, by the rules 
of law and evidence governing the determination of ques¬ 
tions of law and fact, so far as the same may be applicable; 
and may dismiss the proceedings if the statement of the 
cause or causes of the contest is insufficient, or for want of 
prosecution. After hearing the proofs and allegations of 
the parties, the Court must pronounce judgment in the 
premises, either confirming or annulling and setting aside 
such election. 

Stat. 1850, 101, sec. 63. 

11* 


162 


CODE OF CIVIL PROCEDURE. 


Court may Declare who was E lected. 

Sec. 1123. If in any sucli case it appears that another 
person than the one returned has the highest number of 
legal votes, the Court must declare such person elected. 

Stat. 1850, 101, sec. 64. 

Fees of Officers and Witnesses. 

Sec. 1124. The Clerk, Sheriff and witnesses shall re¬ 
ceive, respectively, the same fees, from the party against 
whom judgment is given, as are allowed for similar services 
in the District Court. 

Stat. 1850, 101, sec. 65. 

Costs. 

Sec. 1125. If the proceedings are dismissed for insuf¬ 
ficiency, or want of prosecution, or the election is by the 
Court confirmed, judgment must be rendered against the 
party contesting such election, for costs, in favor of the party 
whose election was contested; but if the election is annulled 
and set aside, judgment for costs must be rendered against 
the party whose election was contested, in favor of the party 
contesting the same. Primarily , each party is liable for 
the costs created by himself, to the officers and witnesses 
entitled thereto, which may be collected in the same manner 
as similar costs are collected in the District Court. 

Stat. 1850, 101. secs. 66, 67, 68. 

Appeal. 

Sec. 1126. Either party, aggrieved by the judgment of 
the Court, may appeal therefrom to the Supreme Court, as 
in other cases of appeal thereto from the County Court. 

Stat. 1855, 161, sec. 10. 

When Election Void and Office Vacant. 

Sec. 1127. Whenever an election is annulled or set aside 
by the judgment of the County Court, and ten days has 
elapsed and no appeal has been taken, the commission, if 
any has issued, is void and the office vacant. 

Stat. 1855, 161, sec. 11, substantially the same. 


EXTRACTS FROM ORDER 


NO. 1869 OF BOARD OF SUPERVISORS 


OF THE 

CITY AND COUNTY OF SAN FRANCISCO. 


Approved, July 6th, 1877. 


The Election Precints of the 1st, 2d, 3d, 4th, 5th, 6th, 7th, 
8th, 9th, and 10th Wards are perfectly displayed on the 
Map inserted in this book, and the description here omitted, 
to save space. 

The 1st ward 1st precinct includes the Farallone Islands 
and Yerba Buena Island. 

ELEVENTH WARD. Election Precinct No. 1—Bounded 
by Market street on the northwest, Seventh street on the 
northeast, Howard street on the southeast, and Eighth 
street on the southwest. 

Election Precinct No. 2—Bounded by Howard street on 
the northwest, Seventh street on the northeast, Channel 
street and Mission Creek on the south, and Eighth street on 
the southwest. 

Election Precinct No. 3—Bounded by Market street on 
the northwest, Eighth street on the northeast, Mission Creek 
on the south, and Eleventh street on the southwest. 

Election Precinct No. 4—Bounded by Market street on 
the northwest, Eleventh street on the northeast, Mission 
Creek, from Eleventh to Sixteenth street, on the southeast; 
Sixteenth street, from Mission Creek to Dolores street, on 
the south; and Dolores street on the west. 



164 


EXTRACTS FROM ORDER NO. 1369 OF 


Election Precinct No. 5—Bounded by Sixteenth street on 
the north, Folsom street on the east, Twenty-first street on 
the south, and Dolores street on the west. 

Election Precinct No. 6—Bounded by Mission Creek on 
the north, Rhode Island street on the east, Precita Creek, 
from Rhode Island street to the San Bruno road on the 
south; San Bruno road, from Precita Creek to Serpentine 
avenue on the west; Serpentine avenue, from the San Bruno 
road to Folsom street on the south; and Folsom street on 
the west. 

Election Precinct No. 7—Bounded by Channel street on 
the northwest, by the waters of the Bay on the east, Precita 
Creek on the south, and Rhode Island street on the west. 

Election Precinct No. 8—Bounded by Precita Creek on 
the north, by the waters of the Bay on the east, county line 
of San Mateo county on the south, and the San Bruno road 
on the west. 

Election Precinct No. 9—Beginning at the intersection of 
the centre line of Ridley street, produced westerly with the 
westerly line of Stanyan street; thence in a southerly direction 
to the southeasterly corner of the Sunnyside House; thence 
in a southerly direction to the northeastly corner of the In¬ 
dustrial School Tract, on the westerly side of the old San 
Jose road; thence southerly along the westerly line of the 
old San Jose road to the southerly line of the city and 
county; thence west on said southerly line to the Pacific 
Ocean; thence northerly along said Pacific Ocean to a 
point that would be intersected by the centre line of Rid¬ 
ley street, projected westerly to said ocean; thence easterly 
along said projected centre line of Ridley street to the 
place of beginning. 

Election Precinct No. 10—Beginning at the intersection of 
the center line of Ridley street produced westerly with the 
westerly line of Stanyan street; thence in an easterly direc¬ 
tion along said projected center line of Ridley street to Do¬ 
lores street; thence along Dolores street in a southerly di¬ 
rection to Twenty-first street; thence along Twenty-first 
street in an easterly direction to Folsom street; thence in a 
southerly direction along Folsom street to Twenty-fourth 
street; thence in a westerly direction to the westerly line of 
the Ocean House road; thence southerly and westerly along- 
said road to the southeast corner of the Sunnyside House; 
thence in a northwesterly direction to the place of begin¬ 
ning. 


BOARD OF SUPERVISORS. 


165 


Election Precinct No. 11—Beginning at the southwest cor¬ 
ner of Folsom street and Twenty-fourth street; thence 
southerly along Folsom street to Serpentine avenue; thence 
along Serpentine avenue in an easterly direction to the San 
Bruno road; thence along San Bruno road in a southerly di¬ 
rection to the southerly line of the city and county; thence 
along said southerly line in a westerly direction to the west¬ 
erly line of the Old San Jose road; thence along the west¬ 
erly line of the Old San Jose road in a northerly direction 
to the southeast corner of the Industrial School tract; 
thence in a northerly direction to the southeast corner of the 
Sunnyside House; thence east and northerly along the 
Ocean House road to the southerly line of Twenty-fourth 
street produced westerly; thence easterly along said south¬ 
erly line of Twenty-fourth street to the place of beginning. 

TWELFTH WARD. Election Precinct No. 1—Begin¬ 
ning at the intersection of the southerly line of the Presidio 
Reservation with the waters of the Pacific Ocean; thence 
along the waters of said ocean and the waters of the bay 
of San Francisco northerly and easterly to the center line 
of Larkin street; thence along Larkin street in a southerly 
direction to Washington street; thence along Washington 
street in a westerly direction to First avenue; thence along 
First avenue in a northerly direction to the southerly line of 
the Presidio Reservation; thence along said line in a west¬ 
erly direction to the place of beginning. 

Election Precinct No. 2—Bounded by Washington street 
on the north, Larkin street on the east, Geary street on the 
south, and Fillmore street on the west. 

j Election Precinct No. 3—Bounded by Geary street on the 
north, Larkin street on the east, Fulton street on the south, 
and Fillmore street on the west. 

Election Precinct No. 4—Bounded by Fulton street on the 
north, Larkin street on the east, Market street on the 
southeast, Ridley street on the south, and Fillmore street 
on the west. 

Election Precinct No. 5—Beginning at the intersection of 
the southerly line of the Presidio Reservation with the 
waters of the Pacific Ocean; thence along said line in an 
easterly direction to First avenue; thence along First av¬ 
enue in a southerly direction to Washington street; thence 
along Washington street in an easterly direction to Fill¬ 
more street; thence along Fillmore street in a southerly di¬ 
rection to Geary street; thence along Geary street in a west- 


166 EXTRACTS FROM ORDER 1369, BOARD OF SUPERVISORS. 

erly direction to its intersection with Point Lobos avenue; 
thence along Point Lobos avenue and said avenue projected 
in a westerly direction to the waters of the Pacific Ocean; 
thence along the waters of said ocean northerly and easterly 
to the point of beginning. 

Election Precinct No. 6—Beginning at the intersection of 
the center line of Point Lobos avenue projected westerly 
with the waters of the Pacific Ocean; thence along said 
line in an easterly direction to Point Lobos avenue; thence 
along Point Lobos avenue in an easterly direction to Geary 
street; thence along Geary street in an easterly direction to 
Fillmore street; thence along Fillmore street in a southerly 
direction to Bidley street; thence along Bidley street and a 
direct line in a westerly direction to the waters of the Pa¬ 
cific Ocean; thence along the waters of said ocean in a 
northerly direction to the place of beginning. 


INDEX. 


' Sec. Page. 

ABSENCE OF RESIDENTS. 19 65 

AGE AND CITIZENSHIP. 841 90 

And residence of county officials. 4101 138 

Same as to district and township officers. 4102 138 

ALLEGIANCE . 55 e8 

May be renounced. 56 68 

APPOINTMENT and duration of terms—Holding over. 879 90 

And qualification of Superintendent of State Printing.... 530 88 

APPORTIONMENT of Representatives. 14 57 

Of Senators and Assemblymen. 29 59 

Of Representatives. 2 6 

Of Representatives. 20 10 

ASSEMBLYMEN, elections of. 30 76 

Election and terms of. 3 69 

Qualification of. 4 139 

ASSESSOR must make monthly returns of enrollment.... 1101 98 

Election of .... .. 4109 140 

BALLOT BOX.—To be exhibited. 1162 107 

BALLOT—Election by. 6 58 

Defined . 1186 110 

Form of and how printed. 1191 111 

Persons not to be asked to disclose contents of. 1195 112 

To have no marks on outside. 1196 113 

When more persons are designated for an office than are 

to be chosen, to that extent must be rejected. 1202 113 

Not to be given to any person within certain limits. 1192 112 

To have no marks by -which it can be known who voted 

it, etc. 1197 113 

Not to be rejected for obscurity in the name of person or 

office. 1201 113 

Written and printed names for the same office which to be 

rejected. 1203 114 

Two votes on same for same person must be counted as one 1205 114 

Marked to be rejected. 1206 114 

Not conforming to requirements of la-w must be rejected. . 1208 114 

Rejected to be indorsed. 1209 114 

Rejected must be preserved. 1210 115 

Double, how disposed of. .... 1254 122 

Not rejected, but objected to, must be indorsed. 1211 115 

Not in compliance with law not to be received. 1212 115 





































168 


INDEX. 


Sec. Page. 

BALLOT.—Excess of, bow disposed of. 1255 122 

And returns to be delivered to a member of the Board.... 1263 123 

Clerk keep unopened. 1265 124 

When package containing may be destroyed when opened 1266 124 

BOARDS OF ELECTION.—How appointed. 1142 105 

CALIFORNIA.—Act of admission of. 9 

CANVASS—To be public and without adjournment. 1252 121 

How commenced. 1253 121 

CHALLENGE.—Grounds of. 1230 117 

Proceedings on, for want of identity. 1231 117 

Same on for non-residence in State. 1232 117 

Same on for non-residence in precinct. 1233 118 

Same on for having before voted. 1234 118 

Same on ground of conviction of a felony. 1235 118 

How determined. 1236 118 

Proceedings upon determination of. 1242 120 

List of, to be kept. 1243 120 

CITIES—Government and election for officers for. 143 

General powers. 4354 143 

Distribution of powers ...' . 4355 143 

City declared by legislature . 4356 143 

Boundaries, how changed. 4357 143 

Election Act to fix time of. 4366 143 

Election, first when and how held. 4367 144 

Electors, who are city. 4368 144 

Officers. 4369 144 

Officers of cities. 4370 144 

Vacancies in office. 4373 144 

CITIZENS.—Protection not to be denied. 1 6 

Privileges of citizens shall not be abridged. 1 6 

Privileges and immunities of, shall not be abridged. 2 6 

Who are. 51 

Persons not. 57 

Citizens certain not entitled to vote. ... . 1084 96 

CITIZENSHIP—Defined. 1 6 

Of Mexicans. 8 8 

Who are citizens. 1993 26 

Of children of citizens born abroad.!. 1993 26 

Of married women. 1994 36 

Of persons born in Oregon. 1995 26 

Forfeited by desertion, etc. 1996 26 

Of certaimsoldiers and sailors not to incur the forfeiture of 

the last section. 1997 27 

Avoiding the draft. 1998 27 

Using false certificate of. 5425 44 

CIVIL OFFICE.—Qualifications for . 90 












































INDEX. 


169 


CIVIL RIGHTS.—Conspiracy to prevent voters from voting, 

etc. 1980 23 

Injured party may have action for damages. 1980 23 

Action for neglect to prevent conspiracy. 1981 24 

District Attorney, etc., to prosecute. 1982 25 

Of Commissioners. 1983 25 

Commissioners may appoint persons to execute warrants, 

etc. 1984 25 

Marshal to obey precepts, etc. 1985 25 

CONGRESS.—How composed. 1 2 

May make or alter regulations as to election of Representa¬ 
tives and Senators. 4 3 

May determine time of choosing Presidential Electors.... 1 5 

May establish Inferior Courts. 1 5 

CONGRESSIONAL DISTRICTS.—How divided. 1 70 

First District shall be composed of. 2 70 

Second District shall be composed of. 3 70 

Third District shall be composed of. 4 70 

Fourth District shall be composed of. 5 70 

Vote of Congressional District. 70 

Vote of State. 69 

CONSTITUTION, treaties and laws of theU. S. are the supreme 

law. 6 6 

Of California. 56 

CONTESTED ELECTIONS—(See Elections Contested.). 

CONTESTING ELECTIONS for members of the Legislature 

(see Elections Coutested).. 

CONTESTING the election of Governor or Lieutenant Governor 86 

CONTESTED ELECTIONS.. (See election of Governor). 

COUNTIES—Names of, vote, etc. 69 

Government of. 135 

COUNTY —Every a body corporate. 4000 136 

COUNTIES.—Classification of. 4006-7 136 

COUNTY—Definition of. 3901 69 

COUNTY COURTS (see Courts). 7 62 

COUNTY JUDGES.—Election and terms of. 7 62 

Same. 56 88 

COUNTY CLERK OR ASSESSOR. .Duty of, relative to certain 

proofs produced before him. 1100 90 

Duty of upon the receipt of the return. 1102 98 

Affidavits must be filed in Clerk’s office. 1103 98 

Persons not to be registered in different counties at the 

same time. 1104 98 

Entry, cancellation of. 1105 99 

Entry, when Clerk must cancel. 1106 99 

Of San Francisco to keep his office open on election day. 1 103 

COUNTY OFFICERS, exoept, etc., when elected. 4109 104 










































170 


INDEX. 


Sec. Page. 

COUNTY JUDGES and Justices of the Peace. 4110 142 

COURT.—Supreme and Inferior Courts of U. S. 1 5 

CRIMES UNDER REVISED STAT. U. S.— 

Citizens, preventing, etc., of, from voting. 5506 47 

Intimidating voters by bribery or threats. 5507 47 

Conspiracy to injure or intimidate citizens in the exercise 

of civil rights. 5508 48 

Depriving citizens of civil rights under color of State laws 5510 48 

Civil rights, depriving citizens of, under color of State laws 5510 48 

Fraudulent voting, etc., at elections for Representatives 

to Congress. 5511 48 

Fraudulent registration, etc. 5512 49 

What deemed a registration under last section. 5513 50 

Voting or offering to vote in certain cases. 5514 50 

Violation of duty by officers of election. 5515 50 

Election, violation of duty of officers of. 5515 50 

Obstructing execution of process in civil right cases, etc.. 5516 51 

Marshal refusing to receive or execute process. 5517 51 

Conspiracy to prevent accepting or holding office under 

United States, etc. 5518 52 

Conspiracy to deprive any person of the equal protection 

of the laws. 5519 52 

Conspiracy to prevent the support of any candidate, etc .. 5520 53 

Supervisors of election, etc,, neglecting to discharge duties 5521 53 

Election, supervisors of, neglecting to discharge duties .. . 5521 53 

Interfering with supervisors of election, marshals or depu¬ 
ties . 5522 53 

Obstructing verification of registration lists, etc. 5523 54 

Unlawful presence of troops at elections. 5528 54 

Elections, unlawful presence of troops at. 5528 54 

Intimidation of voters by officers, etc., of army or navy.. . 5529 55 

Officers of army or navy prescribing qualifications of voters 5530 55 

Qualification of voters—officers of armv or navy prescrib¬ 
ing. 5530 55 

Officers, etc., of army or navy interfering with officers of 

election, etc. 5531 55 

Officers, etc,, of army or navy interfering with officers of.. 5531 55 

Disqualifications for holding office. 5532 55 

CRIMES UNDER PENAL CODE.— 

Felony and misdemeanor defined.•.. 17 150 

Punishment of, when not otherwise prescribed. 18 150 

Misdemeanor punishment of, when not otherwise pre¬ 
scribed . 19 150 

This act, how cited. 24 150 

Officers, violation of election laws by certain, a felony.... 41 151 

Fraudulent registration a felony. 42 152 

Election, refusal to be sworn by or to answer questions of 

Board of Judges, of a misdemeanor.-... 43 152 






























INDEX. 171 

Sec. Page. 

Crimes under Penal Code.—C ontinued. 

Registration Board of, refusal to obey summons of, a mis¬ 
demeanor. 44 152 

Voting without being qualified. 45 152 

Voting twice and other election frauds, felonies. 45 152 

Vote, attempting to, without being qualified. 46 153 

Voting, procuring illegal, a misdemeanor. 47 153 

Officers of election, changing ballots or altering returns 

by, felonies. 48 153 

Officers of election unfolding or marking tickets, guilty of 

a misdemeanor. 49 154 

Returns, forging or altering, a felony. 50 154 

Votes Adding to or subtracting from, a felony. 51 154 

Aiding or abetting violation of election laws, a felony. 52 155 

Electors deceiving or defrauding. 53 155 

Elections furnishing money for, except for specified pur¬ 
poses . 54 155 

Electors, unlawful offers to procure offices for. 55 156 

Communicating such offer.• * • *. 56 156 

Bribing or offering to bribe members of legislative caucuses, 

etc. 57 156 

Electors preventing from assembling in public meetings .. 58 156 

Disturbance of public meetings of electors, a misdemeanor 59 156 

Election, betting on. 60 157 

Election laws, violation of by persons not officers. 61 157 

Tickets persons printing or circulating illegal, guilty of a 

misdemeanor. 62 157 

Election, sale, donation or furnishing of intoxicating 

liquors on days, prohibited. 1 157 

Penalty. 2 157 

DEFINITION OF COUNTY. 3901 68 

DEPARTMENTS OF GOVERNMENT. 3 58 

DESERTION, citizenship forfeited. 1996 26 

DISTRICT COURT, in each District. 1055 88 

DISTRICT JUDGES. (See Judges.). 5 62 

DISTRICTS—Judicial. 125 77 

Congressional, how divided. 1 70 

Congressional, Senatorial and Assembly. 30 60 

Senatorial and Assembly. 71 

DISQUALIFICATION of certain persons. 3 7 

DUELING. 2 64 

ELECTORS—Presidential, appointment of. 1 4 

Time of appointing. 131 19 

Number of. 132 19 

Vacancies in Electoral College, how filled. 133 19 

Failure to make a choice on the appointed day. 134 19 

Meeting of Electoral College. 135 20 

List of names of State electors to be furnished them...... 136 20 










































172 


INDEX. 


Sec. Page. 

ELECTORS.—Manner of voting. 137 20 

Certificates to be made and signed. 138 20 

Certificates to be sealed and endorsed.„ 139 20 

Transmission of the certificates. . 140 20 

When the Secretary of State shall send for District Judges’ 

List.,. 141 21 

Counting the electoral vote in Congress. 142 21 

Provisions for absence of President of the Senate. 143 21 

Mileage of Messengers.. 144 21 

Forfeiture for Messenger’s neglect of duty... 145 21 

Of President and Vice President, when chosen. 1307 129 

Of President and Vice President returns, how made. 1308 129 

Electors, meeting of. 1315 131 

Electors’ vacancies, how supplied. 1316 131 

Electors voting by and returns. 1317 131 

Ballots, separate for President and Vice President. 1318 131 

Electors must make lists of persons voted for. 1319 131 

Result transmitted to the President of the United States 

Senate. 1320 131 

Electors, compensation of. 1321 131 

Electors, how audited and paid. 1322 131 

Privileges of. 2 57 

Shall not be obliged to perform militia duty on election 

days. 3 57 

Assessors, roll of. 1098 98 

Rights and duties of citizens, not. 59 68 

Who are, may be . 1 57 

ELECTIONS CONTESTED—of Representatives. 

Of Representative, testimony how taken. 107 14 

Subpoenas, who may issue. 110 14 

Subpoena, what shall contain. Ill 14 

Justices of the peace, when may act. 112 15 

Subpoena, service of. 114 15 

Witnesses need not attend out of the county. 115 14 

Penalty for failing to attend or testify. 116 15 

Witnesses outside of district. 117 16 

Party notified may select officer. 118 16 

Depositions taken by party or agent. 119 16 

Examination of witnesses. 120 16 

Testimony, to what confined. 121 16 

Testimony, how written out and tested... 122 17 

Production of papers. 123 17 

Adjournments. 124 17 

Notice, etc., attached depositions. 125 17 

Copy of notice and answer to accompany testimony. 126 17 

How testimony to be sent to clerk of house, how opened.. 127 17 

Fees of witnesses. 128 18 

Fees of officers. 129 18 

Expense of contest. 130 18 

















































INDEX. 


173 

„ - Page. 

ELECTIONS CONTESTED—of Members of the Legislature. 

For members of the Legislature... 83 

Who may contest. 237 83 

Statement of cause of contest to be filed. 274 84 

Commission to take testimony. 275 84 

Notice to person interested by whom served. 275 84 

Compelling attendance of witnesses. 277 84 

Testimony, how taken. 278 84 

Vacancy in commissions, how filled. 279 84 

Fees of officers. 280 85 

Officers, fees of. 280 85 

Testimony to be transmitted to Secretary of State. 281 85 

State, testimony to be transmitted to Secretary of. 282 85 

Depositions. 282 85 

Further evidence. 282 85 

ELECTIONS CONTESTED—of Governor. 

Who may contest election of Governor. 288 86 

Grounds of contest to be stated in petition. 289 86 

Notice to respondent. 290 86 

Notice to houses. 292 86 

Trial committee, how chosen. 293 86 

Notice of choice. 293 87 

Powers of committee. 294 87 

Judgment of committee. 295 87 

ELECTIONS CONTESTED—of City and County Gfficers. 

Who may and on what grounds. 1111 158 

Irregularity and improper conduct of Judges, when to 

annul. 1112 159 

Annul, when not to. 1113 159 

Votes illegal, when not to vitiate election. 1114 159 

Proceedings on contest. 1115 159 

Contest proceedings on. 1115 159 

Statement of causes of. 1116 160 

When based on reception of illegal votes, contestant to 
deliver to respondent a list of votes claimed to be il¬ 
legal. 1116 160 

Statement of cause of want of form not vitiate. 1117 160 

County Judge to hold special term for trial of. 1118 160 

Respondent Clerk to issue citation to. 1119 161 

Witnesses, attendance of *how enforced. 1120 161 

Court, powers of. 1121 161 

Adjournment of. 1121 161 

Contest rules, to govern Court in trial of . 1122 161 

Court may declare who was elected. 1223 162 

Fees of officers and witnesses. 1124 162 

Costs . H25 162 

Appeal. 1126 162 

Election, when void and office vacant. 1127 162 















































174 


INDEX. 


Sec . Page. 

ELECTIONS.— 

General, when held. 1041 92 

Judicial, when held. 1042 92 

Special, when held. 1043 93 

Proclamations by the Governor. 1043 93 

Proclamations by Supervisors. 1043 94 

Proceedings on tie vote in other cases. 1067 94 

Proceedings on tie vote for Governor or Lieut.-Governor. 1068 95 

Electors, when privileged from arrest.,. 1069 95 

Electors, when exempt from militia duty. 1070 95 

Compensation of officers of. 1072 95 


Board of. 1142 105 

Judges not to be of same political party. 1143 106 

If Board of Supervisors fail to appoint, etc. 1144 106 

Electors may appoint. 1144 106 

Board’s organization, and general powers of inspectors... 1145 106 

Judges and Clerks may administer oaths. . 1146 106 

Clerks of. 1147 106 

Board and Clerks to be sworn. 1148 106 

Board of Election, how appointed. 1142 105 

Board to post copies of Great Register and Ward Register 1149 107 

Copies not to be torn or defaced. 1150 107 

Election precincts, Supervisors to establish. 1127 104 

Returns, etc., to be sealed up. 1261 123 

Returns, inspector to keep duplicate. 1262 123 

Boundaries must be defined. 1128 104 

Precincts, Board of Supervisors may alter, etc. 1129 104 

Limitations on powers given herein. 1130 104 

Precincts of San Francisco, see map. 163 

Canvass, how made. 1287 126 

Statement of result to be entered of record. 1282 126 

Declaration of result. 1283 126 

* 

Certificates issued by clerk...'. 1284 126 

District returns, how made up . 1285 126 

How transmitted. 1286 127 

Duty of clerk receiving district returns.. 1287 127 

Returns, defects in forms of, when to be disregarded. 1297 129 

Of Justices of Supreme Court. 3 62 

Of Clerk of Supreme Court. 749 90 

District Judges.... 56 88 

And terms of County Judges. 83 88 

Probate Judge. 96 89 

And term of Judge of Municipal Court. 105 89 

Judge of City Criminal Court. 3 89 

And term of Justice of the Peace. 113 89 

Police Judge. 2 145 

Police Judge. 121 89 














































INDEX. 


175 

ELECTIONS.—Continued. Se<5 ‘ Page< 

Of Representatives, when held. 1343 132 

And term of Governor. 2 60 

And terms of Senators.'. 5 59 

And terms of Assemblymen. 3 59 

Of State officers. 20 61 

Of County Officers. 4109 140 

By ballot. 6 58 

Returns of, for Governor. 4 gi 

Legislature may provide for, of certain officers. 11 63 

Of Senators and Assemblymen. 30-32 76 

Certificate of entitles to seat. 236 83 

Of Senators and Assemblymen. 527 83 

Presidential returns, how transmitted. 1309 130 

Messenger, when Clerk may employ. 1310 130 

Messenger, proof of necessity for, and approval of appoint¬ 
ment of. 1311 130 

Messenger, compensation of. 1312 130 

Returns, duties of Secretary of State relative to. 1313 130 

Governor, duty of. 1314 130 

Of Senators to fill vacancies. 1333 132 


Primary elections, notice form of. 1359 134 

Challenges. 1360 134 

None but qualified persons to participate. 1361 135 

Returns, how made. 1862 135 

Certificates of elections, when issued by Board of Judges. . 1363 135 

Canvass of returns, and certificates by committee. 1364 135 

Election returns of, for Governor and Lieutenant Gover¬ 
nor, how made. >.... 1292 128 

How transmitted. 1293-5 128 

Election, canvass of returns of, for Governor and Lieuten¬ 
ant Governor. 1296 

Fraudulent voting at, for representative to Congress. 5511 48 

Of representatives. .... 4 3 

Senators. 4 3 

Of representatives by ballot. 27 12 

Contest of. 105 13 

Of representatives by districts.. 23 11 

Of representatives, etc., time of. 25 12 

ELECTIONS PRIMARY, committee may elect to hold, 1357 134 

Resolution, form of. 1358 134 

What provisions of law applicable to these elections. 1365 135 

ELECTIONS for municipal officers in San Francisco. 145 

Judges. 2 145 

Days. 3 146 

Officers, when elected, terms of office. 4 146 

Terms of certain, extended. 2 146 












































176 


INDEX. 


Sec. Page. 

ELECTIONS for Supervisors and School Directors. 3 146 

Of Justices of the Peace. 6 147 

Of Harbor Commissioner. 7 147 

Election proclamation. 9 148 

New official bond. 10 148 

Repeal. 11 148 

Fire commissioner. 8 148 

ELECTIVE FRANCHISE... 29 

Of bringing armed troops to places of. 2002 28 

Interference with freedom of, by officers army or navy .. . 2003 28 

Race, color, or previous condition not to affect the right 

to vote. 2004 28 

Nor the performance of any prerequisite. 2005 29 

Penalty for refusing to give full effect to preceding section. 2006 29 

What shall entitle a person to vote. 2007 29 

Penalty for wrongfully refusing to receive a vote. 2008 29 

Unlawfully hindering a person from voting. 2009 30 

Remedy for deprivation of office. 2010 30 

In cities or towns of over 20,000 inhabitants, etc. 2011 31 

Upon written applications of two citizens, the Circuit 

Judge to open court. 2011 31 

Supervisors of election. 2012 31 

Election, supervisors of. 2012 31 

Circuit Court to be kept open. 2013 31 

District Judge may perform duties of Circuit Judge. 2014 32 

Duties of supervisors of election. 2016 32 

Attendance of supervisors at elections. 2017 

Supervisors of election to personalty scrutinize and count 

each ballots. 2018 33 

Their positions. 2019 34 

Supervisors of election, when molested .. 2020 34 

Special deputy marshals. 2021 35 

Marshals, duties of . 2022 35 

Persons arrested to be taken before a judge, etc. 2023 36 

Assistance of bystanders. 2024 36 

Chief supervisors of Elections. 2025 36 

Supervisors, their duties. 2026 36 

Marshals to forward complaint to chief supervisor. 2027 37 

Supervisors and deputy marshal to be qualified voters... . 2028 37 

Certain supervisors not to make arrests, etc. 2029 37 

Supervisors, certain not to make arrests, etc . 2029 37 

No more marshals or deputy marshals to be appointed 

than now authorized. 2030 38 

Pay of supervisors. 2031 38 

EXECUTIVE OFFICERS.'—The mode of election or appoint¬ 
ment, and term of office of civil. 87 

Officers, election of Governor and other officers. 348 87 

Election of Governor and other officers. 348 87 


4 










































INDEX. 


177 


EXECUTIVE POWER of the U. S. vested in a President and 

Vice-President. 1 3 

ELIGIBILITY T?0 OFFICE. 58 68 

GOVERNMENT—Departments of. 3 58 

GOVERNOR—Election and term of . 2 60 

Qualification of. 3 60 

Returns of election for. 4 61 

Proclamation, what to contain. 1054 93 

Commissions issued by. 1291 128 

HOLIDAYS. 10 66 

HOUSE. (See Representatives.). 1 2 

IDIOT, or insane person, not entitled to the privileges of an 

elector. 5 58 

INALIENABLE RIGHTS. 1 56 

JUDGES, U. S.—Term of office. 1 5 

Of Supreme Court, President shall appoint. 2 5 

Of Supreme Court of California. 40 86 

District Court. 56 86 

County Court. 83 86 

Probate Court. 96 89 « 

Of Municipal Criminal Court. 104 89 

Of City Criminal Court. 3 89 

Police Court. 121 89 

Police Court. 2 145 

JUDICIAL DISTRICTS. 5 62 

JUDICIAL DISTRICTS, how defined. 125 77 

First district consist of the counties. 126 88 

Second. 127 77 

Third. 2 77 

Fourth, county. 5 78 

Fifth district consist of the counties. 130 78 

Sixth . 131 78 

Seventh. 132 78 

Eighth. 133 79 

Ninth. 134 79 

Tenth.. . 135 79 

Eleventh. 136 79 

Twelfth. 6 79 

Thirteenth. 133 80 

Fourteenth. 139 80 

Fifteenth. 3 80 

Sixteenth. 141 80 

Seventeenth. 1 30 

Eighteenth. 1 31 

Nineteenth, county. 4 81 

Twentieth, counties . 1 31 

Twenty-first. 

Twenty-second. 1 31 

12* 

















































178 


INDEX. 


Sec. Page, 

JUDICIAL ELECTION, see election. 1042 

Power of U. S. vested in Supreme and inferior courts.... 1 5 

JURISDICTION and protection of. 54 68 

JUSTICES OF THE PEACE, etc. 9 63 

LEGISLATIVE power of U. S., vested in Congress. 1 2 

Of the State shall be vested in a Senate and Assembly. . 1 58 

LEGISLATORS—apportionment of. 29 59 

Number and designation of ... . 225 82 

Term of office. 226 82 

LEGISLATURE.—Meeting and organization of.. .. 235 83 

Time and place of meeting. 235 83 

Certificate of election entitles to seat. 236 83 

May provide for election of certain officers. 63 

Sessions of. . 2 59 

Vacancies occurring during sersion of. . 1000 91 

LOCAL ACTS.—Schedule of. 141 

MARSHAL, U. S. special deputies. 2021 35 

Duties of. 2022 35 

Bystanders must assist. 2024 36 

MEXICANS admission of, to citizenship..*... 8 8 

Privileges of. 8 8 

MEXICO, treaty with. 8 8 

MINISTERIAL and other officers connected with the courts.... 90 

MUNICIPAL CRIMINAL COURT. 104 89 

NATURALIZATION.—Aliens, how naturalized. 2165 39 

Of their residence in United States or States, and good 

moral character. 2165 39 

Titles of nobility of aliens to be renounced. 2165 40 

Persons residing in the United States before twenty-ninth 

of January, 1795 . 2165 40 

Persons residing between eighteenth June, 1798, and June 

18, 1812 . 2165 40 

Honorably discharged from military service. 2166 41 

Minor residents . 2167 41 

Widow and children of declarants. 2168 42 

Of African nativity and descent. 2169 42 

Residence of five years in United States. 2170 42 

Enemies not admitted. 2171 42 

Children of persons naturalized under certain laws, to be 

citizens. 2172 43 

Police Court of District of Columbia has no power to 

naturalize foreigners. 2173 43 

Of seaman. 2174 43 

False personation, etc., in procuring. 5424 44 

Provisions applicable to all courts of. 5429 46 

NEW OFFICES AND OFFICERS. 6 64 

OATH OF OFFICE. 6 6 

Required. 3 64 










































INDEX. 


179 


OFFICE.—Eligibility to. . 5 g gg 

Ineligibility to. 24 59 

0ath of . Sec. 6 , page 6 3 64 

Remedy, deprivation of. 2040 30 

Terms of. 7 g 5 

Oath, bond, fees, etc. 4108 140 

Omission to consolidate. 4107 140 

OFFICERS.—Classification of public officers. 220 82 

Classification of. 220 82 

County enumerated. 4103 139 

General provisions relating to different classes of. 90 

Judicial. 72 g gg 

PEOPLE, who are the.» 50 57 

POLICE JUDGES. (See Judges.). 121 89 

POPULAR GOVERNMENT. 2 57 

PERSONS not citizens. 57 gg 

POLLS.—Time of opening and closing. 1160 107 

POLL LIST, form of. 1174 108 

Procedure in attesting. 1256 122 

Want of form not to vitiate. 1175 109 

PRESIDENT.—Qualification of. 1 5 

President and Vice-President, how elected. 12 4 

PRESIDENT AND VICE-PRESIDENT, term of office. 1 3 

Of U. S.—Vacancies in both offices. 146 22 

Notification of vacancies to be published. 147 22 

Election, time of holding to fill vacancy. 149 22 

Requisites of the notification. 148 22 

Regulations for quadrennial election made applicable to 

election to fill vacancies. 150 23 

Resignation or refusal of office. 151 23 

Officers, township and other inferior. 404 139 

Offices consolidating by the Board. 4104 139 

Offices united and consolidated. 4105 139 

PRESIDENTIAL ELECTORS, appointment of. 1 4 

PRESIDENTIAL ELECTORS. (See Electors.). 

PRIVILEGES of electors. 2 57 

PRIMARY ELECTIONS. (See Elections Primary,) . 133 

PROBATE COURT, Judge of . 95 88 

Judge of San Francisco. 96 89 

Judge. (See Judges.) . 7 62 

PUBLIC ADMINISTRATORS, failing to qualify. 1 140 

Instruction, Superintendent of. 1 64 

Officers. (See Officers.). 82 

PLURALITY VOTE. 20 65 

To elect. 1066 94 


















































180 


INDEX. 


Sec. Page. 

QUALIFICATION OF GOVERNOR. 3 60 

Qualifications. 842 90 

Of Senators and Assemblymen. 4 59 

For civil offices. . 96 

Of a voter. 1083 96 

Of Superintendent of State printing. 530 88 

RECORDERS and other inferior Municipal courts (see courts). 10 63 

REGISTER, GREAT, must be kept by County Clerk. 1094 97 

Electors, names of, to be entered. 1095 97 

Entry, substance of. 1096 97 

Rules Governing. 1097 97 

Names must be arranged alphabetically and numbered... . 1114 102 

Ward and Townships registers must be printed. 1115 102 

Printed copies, how distributed. 1116 103 

copy of entry prima facie evidence, that the party is an 

Elector. 1117 103 

REGISTRATION, clerk must give certificate of... 1107 100 

Persons refused may proceed by action. 1108 100 

Any person may proceed by action to have canceled. 1109 100 

Parties to such actions. 1110 100 

Cost not to be recovered against the clerk except in certain 

cases . 1112 100 

Clerk to make copy of Great Register and Ward and 

Townships Register. 1113 107 

RELIGIOUS test prohibited. 6 6 

REPRESENTATION, apportion of. 14 57 

Reduction of. 21 11 

REPRESENTATIVES, apportionment of. 20 10 

Apportionment of. 2 6 

Contest elections of. 105 13 

Election of. 23 11 

Duty of Secretary of State, relative to. 1346 133 

Election of, when held. 1343 132 

Election returns of. 1345 133 

How transmitted. 1345 133 

Election returns of. 1344 133 

How made. 1344 133 

Each State may prescribe times, places and manner of 

holding elections of, and Congress may alter. 4 3 

Governor, certificates issued by . 1347 133 

House of. 2 2 

Qualification of. 2 2 

Time of election of. 25 12 

Vacancy, how filled. 2 2 

Vacancies, how filled. 26 12 

When and how 7 chosen. 2 2 












































INDEX. 181 

Sec. Page. 

RESIDENCE. 52 67 

Eor purpose of voting. 4 57 

Rules for determining question of. 1239 119 

Rules must be read if requested ... 1241 120 

Term of, how computed. 1240 120 

RESIDENTS.—Absence of. 19 65 

RETURN LISTS. 1260 123 

RETURNS must be delivered to County Clerk or postmaster, 

or express agent, etc. 1264 124 

To be delivered by Clerk to Supervisors . 1267 125 

Copy of register to be filed in the County Clerk’s office .. 1268 125 

RIGHT OF SUFFRAGE. 18 65 

RIGHTS CIVIL (See Civil Rights.). 

RIGHTS and duties of citizens not electors. 60 68 

Of citizens shall not be abridged, etc. 1 6 

SECRETARY OF STATE.—Must supply paper to any person 

on application. 1189 110 

Depositions of money collected from sale of paper. 1190 110 

SCHEDULE of local acts. 141 

SENATE of the U. S., how composed. 3 2 

Vacancies, how filled. 3 3 

SENATORS, U. S., how chosen. 2 2 

Qualification of. 4 59 

Allotment of. 3 3 

Times, places and manner of holding election of. 4 3 

Each State may prescribe time of choosing, etc. 4 3 

Election for full terms in Congress. 1332 132 

Elections of to fill vacancies. 1333 132 

SENATORS STATE.—Election and terms of. 5 59 

Qualifications of. 3 3 

Number and classes of. 6 59 

Election of. 30-32 76 

Election of. 229 83 

SENATORIAL AND ASSEMBLY DISTRICTS— 

First District compose the counties of. 1 71 

Second,. 2 71 

Third. 3 71 

Fourth. * 71 

Fifth. 5 71 

Sixth. ^ 7 * 

Seventh,. 7 72 

Eighth,. 8 72 

Ninth, San Francisco. 9 72 

Tenth, San Francisco. 10 72 

Eleventh, San Francisco. 11 7 3 

Twelfth, San Francisco. 12 78 

Thirteenth, San Francisco. 13 73 















































182 


INDEX. 


Sec. Page. 

SENATORIAL AND ASSEMBLY DISTRICTS.—Continued. 

Fourteenth. 14 74 

Fifteenth,.*. 15 74 

Sixteenth. 16 74 

Seventeenth . 17 74 

Eighteenth. 18 74 

Nineteenth. 19 75 

Twentieth. 20 75 

Twenty-first,. 31 75 

Twenty-second. 22 75 

Twenty-third,. 23 75 

Twenty-fourth. 24 75 

Twenty-fifth. 25 75 

Twenty-sixth. 26 76 

Twenty-seventh. 27 76 

Twenty-eighth. 28 76 

Twenty-ninth.... . 29 76 

SESSIONS OF LEGISLATURE. 2 58 

SPECIAL ELECTION. (See Election.). 1043 94 

STATE.—Each Legislature may prescribe lime and place of 

electing Senators. Congress may alter same. 4 3 

Executive power shall be vested in a Governor. 1 60 

New, representation of. 21 11 

Other officers of shall be elected at same time and place 

as Governor. 18 61 

Printer. 349 87 

Shall appoint Presidential Electors. 1 4 

Returns, how made. 1288 127 

How transmitted. 1289 127 

Duty of Secretary of State relative to. 1290 127 

SUPERINTENDENT OF PUBLIC INSTRUCTION. 1 64 

SUPERINTENDENT OF STATE PRINT ING, appointment of 530 88 

SUPREME COURT (see court). 

SUPREME COURT. 2 62 

Election of Justices of. 3 62 

Justices of the. 10 88 

SUPREME Executive power of this State shall be vested in a 

Governor. 1 60 

SUPREME LAW, constitution treaties and laws are. 6 6 

SUPERVISORS, Board of.".. 4022 136 

Qualifications of . 4023 137 

U. S. of election. 2012 31 

Duties of. 1016 22 

Attendance at election. 2017 33 

To scrutinize and count each ballot. 2018 33 

Their positions. 2019 34 

When molested. 2020 34 












































INDEX. 


183 

SUPERVISORS.—Continued, Se< ^ a ® e * 

Chief of elections. 2025 36 

U. STheir duties. 2026 36 

Marshals shall forward complaint to. 2027 37 

Pa Y of .. 2031 38 

Board to designate place in precinct for holding elections, 

and offices to be filled. 1131 104 

If Board fail to designate Justice of the Peace, may desig- 

nate . 1132 105 

To have blanks prepared. 1073 95 

Must publish proclamation . 1056 94 

Meeting of the canvass returns. 1278-80 125 

Term of office. 4024 137 

When number increased or decreased what Board must do 4025 137 

Vacancy in Board, how filled . 4025 137 

Members how classified for election . 4027 137 

Election members how classified for. 4028 137 

Power of Supervisors to create election precincts, etc. 4046 137 

To district county. 4046 138 

To create election precincts, canvass returns, etc. 4046 138 

Must issue and transmit certificates of election. 4064 138 

When elected . . 4111 142 

TALLIES. 1258 123 

TERMS OF OFFICE. 7 65 

TICKET DEFINED. 1185 110 

TICKETS and ballots not to be folded or unfolded within cer¬ 
tain limits. 1193 112 

Folded together must be rejected. 1200 113 

How to be folded. 1198 113 

Must be uniform. 1187 110 

Not to be folded so as to indicate their contents. 1199 113 

Contents of, or ballots not to be exhibited within certain 

limits. 1194 112 

Paper for to be kept by Secretary of State. 1188 110 

Printed not to be erased but by lead pencil or ink....... 1204 114 

To be strung and inclosed in sealed envelopes. 1259 123 

TREATIES, ETC. 6 

Supreme law. 6 6 

VACANCY in Legislature, how filled. 998 91 

VACANCIES, how filled when not otherwise provided for. 999 91 

Occurring during session of Legislature. 1000 91 

VACANCY in office of Harbor Commissioner or Superintendent 

of Public Instruction. 1002 91 

VOTE.—What shall entitle people to. 2007 29 

Penalty wrongfully refusing to receive a. 2008 30 

If person refuse to be sworn, to be rejected. 1238 119 

Certain citizens not entitled to. 1084 96 












































INDEX 


r 

184 

Sec, Page. 

VOTING.—Penalty for unlawfully hindering. 2009 20 

When to commence and continue. 1224 116 

Manner of.1225,1226, 1227 116 

VOTED record that persons has, how kept.. 1228-9 117 

VOTER, qualifications of. 1083 96 

VOTES, Counting the. 1257 122 

For representatives in Congress... 27 12 

WOMEN ELIGIBLE. 1 90 





























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